The constitution and law provide for freedom of speech, including for the press, with some limitations on press freedom.

Freedom of Expression: In July 2018 the country adopted a constitution that establishes Islam as the state religion and notes, “the state will draw on Sunni principles and rules, and Shafi’i rites which regulate belief and social life.” The law establishes Sunni Islam under the Shafi’i doctrine as the “official religious reference” and prohibits the performance of non-Sunni religious rituals in public places on the basis that such religious practices would “affront” society’s cohesion and endanger “national unity.” Individuals may not criticize the government or raise matters of public interest without restriction. The law criminalizes libel.

Press and Media, Including Online Media: Independent media were active and expressed a variety of views, but not without restriction. Some journalists practiced self-censorship.

Violence and Harassment: Some journalists were subjected to violence or harassment by government authorities due to their reporting. In February police arrested administrators of a private online radio station Facebook FM and accused them of insulting a high authority, disturbing public order, and incitement to hatred and defamation. Authorities released them without charge on May 31.

Censorship or Content Restrictions: On April 1, the government blocked the printing of the three main daily newspapers for that day’s issue. The three papers had written articles protesting the arrest and harassment of journalist Toufe Maecha.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

The constitution and law provide for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

Following the first round of the presidential election in March, police used barricades, tear gas, and gunfire to block and disburse protestors who sought to gather outside the election commission’s office. There were reports of minor injuries, including among presidential candidates. A representative of the Workers Union stated in September that the Interior Ministry banned all union and social demonstrations during the year. Public school teachers planned a peaceful march for March 7, but security forces blocked access to the area.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement and foreign travel, and the government generally respected these rights. No specific constitutional or legal provisions deal with emigration and repatriation.

The country continues to claim sovereignty over the island of Mayotte, which France has administered since the island voted to remain part of France in a 1974 referendum in which the other three islands voted for independence. The government insists on the right of Comorians to travel freely to Mayotte despite the implementation of the so-called Balladur visa in 1995, which prevents most Comorians from doing so. Consequently, illegal migration to visit relatives, to seek medical care, or for other reasons continued, prompting the repatriation of more than 20,000 Comorians per year.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees, returning refugees, asylum seekers, or other persons of concern in the country.

Not applicable.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. In 2016 the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law. Nevertheless, the president has neither renewed the commissioners’ mandates nor appointed replacement members.

Corruption: Resident diplomatic, UN, and humanitarian agency personnel reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency, while the World Bank’s Worldwide Governance Indicators reflected that corruption was a significant problem. Citizens paid bribes to evade customs regulations, to avoid arrest, and to obtain falsified police reports.

On April 15, the court in Moroni heard embezzlement charges against former finance minister Mohamed Bacar Dossar, the former vice president in charge of finance, Mohamed Ali Soilihi, and former president Ahmed Abdallah Sambi. Sambi is currently under arrest, while the others were told they could not leave the country until after the trial. As of October the court continued proceedings.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. The submission of a disclosure is made public, but the disclosure itself is not. Conviction of failure to comply is punishable by fines and up to two years’ imprisonment. In 2016 the CNPLC reported that all officials subject to the law filed financial disclosures; however, the mandates of CNPLC commissioners have not been renewed since 2017, and it is unclear whether any other organization has taken on the oversight role.

A few domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: Domestic NGOs largely supplanted government ministries on human rights issues. By law the governmental National Commission for Human Rights and Liberties is mandated to investigate human rights abuses and to make recommendations to concerned authorities.

Rape and Domestic Violence: Rape regardless of age or gender is illegal and punishable by five to 10 years’ imprisonment or up to 15 years if the victim is younger than 15. The law does not specifically address spousal rape. Being married to a victim does not exonerate the perpetrator. Authorities prosecuted perpetrators if victims filed charges. There were reports families or village elders settled many allegations of sexual violence informally through traditional means and without recourse to the formal court system.

The law treats domestic violence as an aggravating circumstance, including includes crimes committed by one domestic partner against an existing or former partner. Penalties for conviction include prison sentences up to five years and fines up to two million Comorian francs ($4,500). Courts rarely sentenced or fined convicted perpetrators. No reliable data were available on the extent of the problem. Women rarely filed official complaints. Although officials took action (usually the arrest of the spouse) when reported, domestic violence cases rarely entered the court system.

Sexual Harassment: Sexual harassment is illegal, and conviction is punishable by fines and imprisonment. It is defined in the labor code as any verbal, nonverbal, or bodily behavior of a sexual nature that has the effect of creating an intimidating, hostile, or humiliating work environment for a person. Although rarely reported due to societal pressure, such harassment was nevertheless a common problem, and authorities did not effectively enforce the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion, and authorities generally enforced the law effectively. Nevertheless, inheritance and property rights practices favor women. Local cultures are traditionally matrilineal, and all inheritable property is in the legal possession of women. Societal discrimination against women was most apparent in rural areas, where women were mostly limited to farming and child-rearing duties, with fewer opportunities for education and wage employment.

Birth Registration: Any child having at least one Comorian parent is considered a citizen, regardless of where the birth takes place. Any child born in the country is a citizen unless both parents are foreigners, although these children may apply for citizenship if they have at least five years’ residency at the time they apply. Authorities did not withhold public services from unregistered children.

Education: Universal education is compulsory until age 12. No child younger than 14 may be prevented from attending school. An approximately equal number of girls and boys attended public schools at the primary and secondary levels, but fewer girls graduated.

Child Abuse: Official statistics revealed cases of abuse when impoverished families sent their children to work for relatives or wealthy families, usually in the hope of obtaining a better education for their children. The government-affiliated NGO Listening and Counseling Service, funded by the government and UNICEF, had offices on all three islands to provide support and counseling for abused children and their families. The NGO routinely referred child abuse cases to police for investigation. Police conducted initial investigations of child abuse and referred cases to the Morals and Minors Brigade for further investigation and referral for prosecution if justified by evidence. If evidence was sufficient, authorities routinely prosecuted cases.

On June 24, the court sentenced a firefighter known as Civilise to seven years in prison for sexual assault of a four-year-old girl.

Early and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Child marriage was a problem, with estimates of 35 to 40 percent of girls being married before age 18. The government did engage in prevention and mitigation efforts.

Sexual Exploitation of Children: The law considers unmarried persons younger than 18 to be minors and prohibits their sexual exploitation, prostitution, and involvement in pornography. The law criminalizes some forms of child sex trafficking and prescribes penalties of 10 to 20 years’ imprisonment and a fine of 30 million Comorian francs ($67,900). The law requires a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense. All forms of child sex trafficking, including those that did not include such means, could be addressed under provisions that criminalize child sexual exploitation, with penalties of five to 10 years’ imprisonment and a fine of one to two million Comorian francs ($2,250 to $4,500). Conviction of child pornography is punishable by fines or imprisonment. There were no official statistics regarding these matters and no reports in local media of cases, prosecutions, or convictions relating to either child sex trafficking or child pornography.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish population, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law mandates access to buildings, information, communication, education, and transportation for persons with disabilities. The government did not effectively enforce the law. Despite the absence of appropriate accommodation for children with disabilities, such children attended mainstream schools, both public and private.

Consensual same-sex sexual activity is illegal, and conviction is punishable by up to five years’ imprisonment and a fine of 50,000 to one million Comorian francs ($110 to $2,250). Authorities reported no arrests or prosecutions for same-sex sexual activity during the year and did not actively enforce the law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTI organizations.

There are no laws prohibiting discrimination against LGBTI persons in housing, employment, nationality, and access to government services.

The law provides for the right of workers to form and join independent unions of their choice without previous authorization or excessive requirements. It provides for the right to strike but requires an eight-day notification period and a declaration of the reason for the strike and its duration. Civil servants must provide 15 days’ notice. The law includes a mandatory conciliation process for resolving labor disputes with recourse to the courts. Unions have the right to bargain collectively.

The law allows unions to conduct their activities without government interference. The law does not prohibit antiunion discrimination by employers in hiring practices or other employment functions. Worker organizations are independent of the government and political parties. There are no laws protecting strikers from retribution. The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties for violations, including ordering employers to pay indemnities and damages to the employee, were sufficient to deter violations but were seldom applied. Labor disputes may be brought to the attention of the Labor Tribunal.

Workers exercised their labor rights, and strikes occurred in the public sector (education, workers at the port of Anjouan, health, and road transport). There were no reports of retribution against strikers. Common problems included failure to pay salaries regularly or on time, mostly in the government sector, and unfair and abusive dismissal practices, such as dismissing employees without giving proper notice or paying the required severance pay. There were reported incidents of antiunion discrimination during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, with certain exceptions for military service, community service, and during accidents, fires, and disasters. During times of national emergency, the government’s civil protection unit may compel persons to assist in disaster recovery efforts if it is unable to obtain sufficient voluntary assistance. The labor code prohibits forced child labor, with specific antitrafficking provisions. The law requires prisoners awaiting trial to work.

The government did not consistently enforce the law. Resources, inspections, and remediation were inadequate. Penalties were not sufficient to deter violations. The government did not make tangible efforts to prosecute traffickers and protect victims.

The government did not identify any cases of adult forced labor.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law establishes 15 as the minimum age for employment, and 18 as the minimum age for hazardous work.

Labor inspectors were responsible for monitoring all potential violations of labor law and did not focus only on child labor cases. Regulations permit light apprentice work by children younger than 15 if it does not hinder the child’s schooling or physical or moral development. The labor code, however, does not specify the conditions under which light work may be conducted or limit the number of hours for light work, as defined by international child labor standards. In accordance with the labor code, labor inspectors may require the medical examination of a child by an accredited physician to determine if the work assigned to a child is beyond his or her physical capacity. Children may not be kept in employment deemed beyond their capacity. If suitable work cannot be assigned, the contract must be nullified and all indemnities paid to the employee.

The labor code identifies hazardous work where child labor is prohibited, including the worst forms of child labor. Child labor infractions are punishable by fines and imprisonment. The government did not enforce the law. The Ministry of Labor is responsible for enforcing child labor laws, but it did not do so actively or effectively. Penalties for violations were not sufficient to deter violations. Child labor laws and regulations do not provide children working in unpaid or noncontractual work the same protections as children working in contractual employment. Children worked in subsistence farming, fishing, and extracting and selling sand. Children worked in growing subsistence food crops such as manioc and beans and in the cultivation of cash crops such as vanilla, cloves, and ylang-ylang (a flower used to make perfume). Some children worked under forced labor conditions, primarily in domestic service and family-based agriculture and fishing. Some Quranic schools arranged for indigent students to receive lessons in exchange for labor that sometimes was forced. Some families placed their children in the homes of wealthier families where they worked in exchange for food, shelter, or educational opportunities.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion The law forbids employers from discriminating on the basis of race, skin color, sex, religion, political opinion, national ancestry, social origin, or actual or presumed state of health (such as HIV/AIDS). The law does not address sexual orientation. In rural areas women tended to be relegated to certain types of work, and the UN Development Program reported women were underrepresented in leadership roles. There were no official reports of discrimination, however.

e. Acceptable Conditions of Work

A committee called the Labor Collective–consisting of representatives of unions, employers, and the Ministry of Labor–met periodically regarding an enforceable national minimum wage. The existing minimum wage is only a guideline. The law provides for a 40-hour workweek, except in the agriculture sector, where it sets the maximum hours of work at 2,400 per year (equivalent to 46 hours per week). The minimum weekly rest period is set at 24 consecutive hours. The law provides for paid annual leave accumulated at the rate of 2.5 days per month of service. There are no provisions to prohibit compulsory overtime; overtime is determined through collective bargaining. There are no sectors or groups of workers excluded from these laws within the formal sector, but the law does not apply to the informal sector, estimated to include 73 percent of workers. The official estimate for the poverty income level is less than prevailing minimum wages.

The government, specifically the Ministries of Finance and Labor, sets wages in the large public sector and imposes a minimum wage in the small, formal private sector. Although the unions, national government, and local governments did not enforce the minimum wage law and workweek standards, unions had adequate influence to negotiate minimum wage rates for different skill levels for unionized jobs. These provisions applied to all workers, regardless of sector or country of origin. Unions promoted this de facto minimum wage via their ability to strike against employers.

The government did not effectively enforce the law. Penalties were not sufficient to deter violations. There were four labor inspectors (two on Grande Comore and one each on Anjouan and Moheli), but they did not have enough resources to perform their duties. The number of labor inspectors was insufficient to enforce compliance.

The labor code includes a chapter on occupational safety and health requirements, but these were seldom enforced. Fishing was considered the most hazardous work. Mostly self-employed, fishermen worked from often unsafe canoes. There was no credible information on the number of occupational accidents. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. There were no known industrial accidents, although fishermen and fisherwomen died while fishing in rough seas from small boats.

The constitution provides for freedom of expression, including for the press, but these “may be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding public order, national dignity, and state security.” The government sometimes restricted these rights. The communications code includes several provisions limiting freedom of speech and expression. The code also grants broad powers to the government to deny media licenses to political opponents, seize equipment, and impose fines.

The government arrested journalists and activists who had publicly denounced the misbehavior of public authorities. The government often used unrelated charges to prosecute them.

Freedom of Expression: In accordance with the constitution, the law restricts individuals’ ability to criticize the government publicly.

On May 13, the police commissioner of Antananarivo limited activities meant to commemorate the 1972 political movement in which some demonstrators died. He prohibited political speeches, with only representatives of associations and political parties allowed to enter the city hall and lay wreaths on the memorial to “avoid overflow.”

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, but not without restriction. The communications code contains several articles limiting press and media freedoms. For example, Article 85 requires the owner of a media company to be the chief publisher. This article may permit candidates for political office, who are also media owners, to use their outlets to advocate against opponents.

The communications code gives the communications ministry far-reaching powers to suspend media licenses and seize property of media outlets if one of their journalists commits two infractions of the code. Finally, the code allows only state-owned radio and television stations the right to broadcast nationally, although this limitation was not always enforced.

The country had numerous independent newspapers. More than 300 radio and television stations operated in the country, although many shifted to live call-in shows in recent years to distance themselves from editorial responsibility for content. Many of them continued to have a national audience, despite the code’s limitations. The opposition had greater access to state-run media than in previous years.

Violence and Harassment: There were several reports of journalists being harassed for criticizing the government and public services. A columnist and human rights activist was reportedly the target of anonymous threats and insults on social media for writing an open letter denouncing the failure of the government to address the most urgent issues affecting the population.

Censorship or Content Restrictions: Journalists practiced self-censorship, and authors generally published books of a political nature abroad.

Libel/Slander Laws: Although defamation is not a criminal offense in the communications code, a separate cybercrime law allows for the charge of criminal defamation for anything published online. It is unclear whether the cyber criminality law, which includes prison sentences for online defamation, has precedence over the communications code, as all newspapers are also published online. The fines allowed for offenses under the communications code are many times higher than the average journalist’s annual salary.

There were several reports of government authorities using libel, slander, or defamation laws to restrict public discussion. During the year journalists and citizens faced police investigation and legal prosecution for defamation and infringement of public order for posting criticism of government performance and public services on social media.

In June authorities tried Mahery Lanto Manandafy, son of a political party president, for defamation using information technology for criticizing the president’s development plan on his Facebook page. The court acquitted him on June 22.

On September 16, three journalists and the cultural director of Antananarivo municipality went on trial on charges of spreading false news and disparaging the army. The journalists, who worked for press associated with the opposition party, reported in August on an army helicopter hovering above the municipal stadium of Mahamasina without the municipality’s authorization. They reported Chinese investors interested in bidding on a stadium renovation project were on board the helicopter, while the Ministry of Defense claimed the helicopter was performing a security drill ahead of the Pope’s visit. On September 19, the court sentenced two of the journalists to a fine of 10 million ariary ($2,700) each for defamation of the army while acquitting the two other defendants.

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.

The cybercrime law prohibits insulting or defaming a government official online. According to Reporters without Borders, “the law’s failure to define what is meant by ‘insult’ or ‘defamation’ leaves room for very broad interpretation and major abuses.” The law provides for punishment of two to five years’ imprisonment and a fine of two million to 100 million ariary ($540 to $28,000) for defamation. Following criticism from the media and the international community, the government promised to revise the law, but did not do so.

Public access to the internet was limited mainly to urban areas. Political groups, parties, and activists used the internet extensively to advance their agendas, share news, and criticize other parties. Observers generally considered the internet (not including social media) to be among the more reliable sources of information.

There were no government restrictions on academic freedom or cultural events.

The constitution and law provide for peaceful assembly and association, but the government restricted these rights.

The constitution and law provide for freedom of peaceful assembly, but authorities often restricted this right. The government required all public demonstrations to have official authorization from the municipalities and police prefectures, but these rarely gave authorization to opposition parties. Security forces regularly impeded opposition gatherings throughout the country and used excessive force to disperse demonstrators.

Several times during the year, security forces used tear gas to disperse demonstrations by university students, supporters of political opponents, and other groups. Students generally retaliated by throwing stones at security forces or set up roadblocks, which often resulted in injuries and arrests.

In January the police prefect of Antananarivo officially banned from city hall the supporters of presidential candidate Marc Ravalomanana, who contested the initial results of the presidential run-off. The demonstrators’ attempts to enter the building led to confrontations with security forces, who used tear gas and blocked entry. The protests ended by mid-January when Ravalomanana officially announced his acceptance of the results.

In late May scattered protests took place in several localities contesting the initial results of the legislative elections. In some instances, security forces contained demonstrators by firing tear gas. There were no reports of serious injuries.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

A 2013 decree prohibits citizens from leaving the country to work abroad in countries deemed “risky,” as a measure to reduce trafficking in persons. Because destination countries are not specifically identified in the decree, citizens may be prevented from leaving the country to work abroad at the discretion of border agents.

Foreign Travel: During the year the government issued an exit ban to several individuals known to be close to the opposition or to the former regime. Authorities often justified such measures as necessary for investigative needs. In January the Ministry of Interior issued an exit ban against a group of five journalists and former presidential candidates who had publicly opposed the winning presidential candidate, accusing them of offenses against national security. There was no known further legal action against any of them, except for Mbola Rajaonah, who remained in prison as of September under separate corruption charges.

In March and August, the government issued an exit ban against two former government officials who served under the former regime for their presumed involvement in corruption and public fund embezzlement.

Not applicable.

f. Protection of Refugees

Official refugees or asylum seekers were present in Madagascar in small numbers.

Access to Asylum: The law does not include provisions for granting asylum or refugee status, and the government has not established a system for providing protection to refugees. Authorities generally cooperated with UNHCR and other humanitarian organizations in assisting the small number of refugees in the country.

Freedom of Movement: Refugees and asylum seekers reported that police frequently detained some of them and sometimes did not honor UNHCR-issued documents certifying their status or tore them up, rendering them vulnerable to arrest or expulsion.

Employment: Refugees and asylum seekers did not have access to employment, because without a resident visa they were unable to get a work permit.

Access to Basic Services: Refugees and asylum seekers received no support from the government, but the government did not interfere with support provided by UNHCR via a local NGO. Refugees and asylum seekers complained that the amount of support they received was insufficient because they could not work and received no government support. Hospitals and service providers charged refugees higher rates as foreigners, making basic medical care unaffordable to refugees.

The nationality code promulgated by the president in 2017 gives men and women equal rights to pass their nationality to their children and more protection to women and children against the loss of their nationality. The code’s main reform grants women the right to transmit nationality to their children regardless of a woman’s marital status. The loss of citizenship for any reason mentioned in the law does not affect the spouse and the children of the deprived person.

The provisions of the previous code of nationality resulted in many stateless persons in the minority Muslim community, many belonging to families that had lived in the country for generations. Muslim leaders estimated the laws affected as much as 5 percent of the approximately two million Muslims in the country. Members of the wider Muslim community suggested a Muslim sounding name alone could delay one’s citizenship application indefinitely.

Requests for nationality certificates continued as a result of the 2017 legal reform. Even after the adoption of the new code, statelessness remained an issue for those who remained ineligible for nationality.

Some members of the South Asian community–who failed to register for Indian, Malagasy, or French citizenship following India’s independence in 1947 and Madagascar’s independence in 1960–were no longer eligible for any of the three citizenships; this circumstance applied to their descendants as well.

All stateless persons may apply for a foreign resident card, which precludes the right to vote, own property, or apply for a passport, thus limiting international travel. Stateless women may obtain nationality by marrying a citizen and may request citizenship before the wedding date, but women cannot confer citizenship on a stateless husband. Stateless persons had difficulty accessing education and health care, could not get jobs or buy land, and lived in fear of arrest.

The law provides for criminal penalties for official corruption, but the government did not implement the law effectively. Corruption was pervasive at all levels of government; however, the new administration focused greater attention on combating corruption, leading to multiple convictions.

Corruption: Corruption investigations by the Independent Anti-Corruption Bureau (BIANCO) led to several cases going to trial at the Anti-Corruption Court and resulted in the conviction of former high-level individuals for embezzlement and bribery. These legal actions targeted mainly former government officials and related to cases including public fund embezzlement, rosewood trafficking, and illegal sale of state-owned land.

For example on May 3, the Anti-Corruption Court (PAC) committed former senator Berthin Andriamihaingo to pretrial detention at Antanimora Prison on charges of favoritism, abuse of power, and public fund embezzlement totaling 618 million ariary ($167,000), in regard to a vaccination campaign by the Ministry of Public Health in 2018.

In August the PAC sentenced Claudine Razaimamonjy, an unofficial advisor to the previous president, to seven years’ imprisonment with hard labor and a fine of 100 million ariary ($27,000) for public fund embezzlement. She had been held in pretrial detention since 2017.

During the year the government subjected working-level civil servants in the police, gendarmerie, and judiciary to legal procedures or disciplinary measures for bribery or involvement in natural resources smuggling. In March the Ministry of Justice ordered a six-month suspension for five magistrates from the Court of Appeals of Toamasina for collectively granting a temporary release to someone accused of masterminding a kidnapping scheme. The minister of justice stated the magistrates had acted corruptly in their release decision.

In its annual activities report for 2018, BIANCO reported receiving 2,689 complaints. It investigated 851 of those cases and referred 179 for prosecution, leading to the arrest of 147 persons, 39 of whom were put in pretrial detention. During the same period, BIANCO summoned approximately 150 government officials for hearings, including members of government, high-ranking civil servants, local authorities, elected officials, and members of the security forces.

In July the president issued a new law on recovery of illicit assets. The law provides for government seizure of assets proven to result from public fund embezzlement, corruption, and money laundering. A newspaper reported in early September the law was not yet enforced due to a delay in adoption of the enactment decree.

Government officials conducted surprise visits to departments that were highly affected by corruption, such as customs and passport delivery. Such visits led to disciplinary measures against agents. In May the Ministry of Justice installed surveillance cameras inside court buildings in Antananarivo and began implementing a more rigorous control of entry points to stem bribery and corruption. In May, in collaboration with a German foundation, BIANCO officially launched an online grievance system to collect complaints related to corruption.

Financial Disclosure: The law requires regular income and asset declarations by individuals in the following positions: prime minister and other government ministers; members of the National Assembly and Senate; members of the High Constitutional Court; chiefs of regions and mayors; magistrates; civil servants holding positions of or equivalent to ministry director and above; inspectors of land titling, treasury, tax, and finances; military officers at the company level and above; inspectors from the state general inspection, the army’s general inspection, and the national gendarmerie’s general inspection; and judicial police officers.

As of September, according to the HCC website, the prime minister, 20 of the 22 members of his cabinet, and 112 of the 214 members of both houses of parliament had declared their assets as required by law.

Numerous domestic and international human rights groups generally operated without restriction, investigating and publishing their findings on human rights cases. Government officials were not always responsive to their views, but authorities allowed international human rights groups to enter the country, work, and consult freely with other groups.

In response to Amnesty International’s call for an investigation into the killing of eight thieves by gendarmes on February 7 in Betroka, the state secretary for national gendarmes said the officers had acted legitimately and in self-defense, and he stood ready to protect them against criticism for their actions against wrongdoers.

Several domestic NGOs worked on human rights, but few had the capacity to work effectively and independently.

Government Human Rights Bodies: The CNIDH is composed of 11 commissioners, each elected by members of a different human rights organization and given a mandate to investigate cases of, and publish reports on, human rights violations. The government dedicated a budget for the commission to operate during the year. In addition, some international organizations and diplomatic missions provided some equipment.

Rape and Domestic Violence: The law prohibits rape but does not address spousal rape. Penalties range from five years to life in prison. Rape of a pregnant woman is punishable by hard labor. Authorities may add an additional two to five years’ imprisonment if the rape involves assault and battery. Authorities rarely enforced the law.

The law prohibits domestic violence, but it remained a widespread problem. Domestic violence is punishable by two to five years in prison and a fine of four million ariary ($1,100), depending on the severity of injuries and whether the victim was pregnant. There were few shelters for battered women in the country, and many returned to the home of their parents, who often pressured victims to return to their abusers. Various media articles reported during the year a general reluctance of victims to report domestic violence. Women filing legal actions against their husbands faced criticism from their families and communities.

On January 14, a pastor in a local evangelical church in Sambava reportedly raped a church member who had lost her child at birth two months earlier. When the victim complained to her mother-in-law, the news spread rapidly, and the pastor fled to his own village, fearing mob violence. After the intervention of church board members, neither the victim nor her husband reported the incident to the police. There were no reports of legal action against the offender.

Victims of domestic violence from vulnerable populations could receive assistance from advisory centers, called Centers for Listening and Legal Advice, set up in several regions by the Ministry of Population, Social Protection, and Promotion of Women with the support of the United Nations Population Fund (UNFPA). These centers counseled survivors on where to go for medical care, provided psychological assistance, and helped them start legal procedures to receive alimony from their abusers.

In 2016 the government adopted a national strategy to oppose gender-based violence, which includes domestic violence, but implementation was limited to raising public awareness on the one national radio channel.

In April the UNFPA appointed First lady Mialy Rajoelina ambassador against gender-based violence in the country. In July the first lady, along with UNFPA, donated equipment to the Proximity Female Brigade within the national police. The mission of this unit included investigation of gender-based violence and raising public awareness of the issue.

Sexual Harassment: Sexual harassment is against the law, and penalties range from one to three years’ imprisonment and a fine of one to four million ariary ($270 to $1,100). The penalty increases to two to five years’ imprisonment plus a fine of two to 10 million ariary ($540 to $2,700) if criminals forced or pressured the victim into sexual acts or punished the victim for refusing such advances. Authorities enforced the law, but sexual harassment was widespread.

In 2018 BIANCO, in collaboration with UNDP, conducted a study on sexual harassment and corruption. The results of the study revealed sexual harassment qualified as gender-based corruption and prevailed in all professional sectors, including in universities. Victims of harassment, however, generally did not complain, due to fear or shame. At a workshop connected to the study, students testified dissertation supervisors compelled them to provide sexual services in exchange for validation of their theses.

The collaboration between BIANCO and UNDP led to the development of a strategy to combat sexual harassment, which resulted in the setting up a prevention committee to receive anonymous complaints, protecting the confidentiality of victims’ identities and conducting public awareness campaigns.

Labor union members reported sexual harassment prevailed in many sectors. There were reports that some supervisors in manufacturing companies compelled some of their female employees to have sexual relations to renew their contracts or secure promotions. Female teachers reportedly faced similar pressures when trying to negotiate permanent contracts in the public education system. Court rulings generally did not favor victims when they filed complaints.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: While women enjoyed the same legal status and rights as men in some areas, there were significant differences, and authorities did not enforce the law effectively. Women experienced discrimination in employment and inheritance. While widows with children inherit half of joint marital property, a husband’s surviving kin have priority over widows without children, leaving the widow eighth in line for inheritance if there is no prior agreement. Families at times gave women a more favored position in the areas of employment and inheritance, but there were no reports of women taking legal action in cases of alleged discrimination.

Birth Registration: Under the 2017 nationality code, citizenship derives from one’s parents. The law does not confer nationality on children born in the country if both parents are noncitizens. It does provide for a minor’s right to obtain citizenship if one of the parents, regardless of their marital status, obtains citizenship.

The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. For additional information, see Appendix C.

Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Nevertheless, parents were increasingly required to pay registration and various fees to subsidize teacher salaries and other costs. As a result, education remained inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence.

Child Abuse: Child abuse, including rape, was a problem. The press reported more than 15 cases of child rape, with most victims younger than 12; the youngest was five years old. In June 2018 the Ministry of Population, in partnership with UNICEF, published a study on violence against children in the country. The study revealed violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and working places. It found abuse was rarely reported due to lack of confidence in the justice system, precarious economic conditions, a desire to avoid social discord in the community, and intimidation. Only 4 percent of respondents to the survey said they had reported cases of child abuse to the police, while 19 percent had reported sexual abuse to the police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.

In some towns and cities, particularly in Antananarivo, homeless women raised small children in dangerous conditions and environments and forced children as young as three years old to beg on the streets. Sometimes babies were “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.

Government efforts to combat child rape were limited, focusing primarily on child protection networks, which addressed the needs of victims and helped raise public awareness.

With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, and Nosy Be hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. Apart from the medical care, these centers provided psychological support through social workers assigned by NGOs. Police from the minors and child protection brigade recorded their complaints, and volunteer lawyers provided free legal assistance.

In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials reported victims of child abuse were returned to the home where the abuse occurred due to a lack of other options.

Early and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the South.

The practice of moletry, in which girls are married at a young age in exchange for oxen received as a dowry, reportedly continued. The parents of a boy (approximately age 15) look for a spouse for their son (girls may be as young as 12), after which the parents of both children organize the wedding. For additional information, see Appendix C.

According to the results of a 2018 Multiple Indicator Cluster Survey, 37 percent of women between ages 20 and 49 married before the age of 18. The rate for men was 12 percent. Five regions presented the highest rate of early marriage for both men and women, with 60 percent for Atsimo Atsinanana, 66 percent for Atsimo Andrefana, 54 percent for Melaky, 51 percent for Betsiboka, and 54 percent for Sofia. Rural areas were more affected, with 44 percent married before age 18, and 15 percent before age 15. In urban areas 29 percent of women married before age 18 and 7 percent before age 15.

Sexual Exploitation of Children: Antitrafficking legislation provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial sexual exploitation of a child younger than 18. Both the penal code and antitrafficking laws specify penalties of two to five years’ imprisonment and fines up to 10 million ariary ($2,700) for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex.

Sexual exploitation of children, sometimes with the involvement of parents, remained a significant problem.

Employers often abused and raped young rural girls working as housekeepers in the capital. If they left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic labor sector.

In 2017 the national gendarmerie officially launched a morals and minors protection unit with responsibility for protecting children, including rape victims in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, implemented a website called Arozaza (protect the child) that is intended to combat online sexual exploitation of minors and warn potential abusers. The website includes a form to report child endangerment or online pornography.

The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. The gendarmerie, Ministry of Justice, Ministry of Population, and UNICEF trained local law enforcement officials and other stakeholders in targeted regions on the rights of children. The country was a destination for child sex tourism.

Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast against giving birth to twins also contributed to the problem.

Displaced Children: Although child abandonment is against the law, it remained a significant problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the regulated system.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community consisted of approximately 360 members; there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities and defines persons with disabilities as those presenting congenital or acquired deficiency in their physical, mental, or sensory capacities (without mentioning intellectual disability). The law also provides for a national commission and regional subcommissions to promote their rights, but none had been set up. By law persons with disabilities are entitled to receive health care, education, facilitated access to public transportation, and have the right to training and employment; the law does not address access to the judicial system, information, and communications. Educational institutions were encouraged to make necessary infrastructure adjustments to accommodate students with disabilities. The law also specifies the state “must facilitate, to the extent possible, access to its facilities, public spaces, and public transportation to accommodate persons with disabilities.”

Authorities rarely enforced the rights of persons with disabilities, and the legal framework for promoting accessibility remained perfunctory.

Access to education and health care for persons with disabilities also was limited due to lack of adequate infrastructure, specialized institutions, and personnel.

Persons with disabilities encountered discrimination in employment. They were also more likely to become victims of various types of abuse, sometimes perpetrated by their own relatives. In August the head of an association of women with disabilities with more than 600 members reported a significant number were victims of rape and sexual abuse. In addition, an estimated 50 percent of their members had been forced by their own families to undergo forced ligation (a form of sterilization), abortion, or both. She noted this practice persisted to a lesser extent during the last few years, thanks to intensive sensitization campaigns conducted by the association.

The electoral code provides that individuals with disabilities should be assisted in casting their ballots, but it contains no other provisions to accommodate such voters. In May the head of a disability rights federation told media persons with disabilities felt excluded from the electoral process since many of the voting materials were not customized for them.

In Antananarivo persons with disabilities were often seen begging for money, sometimes accompanied by someone who was not disabled to call attention to the disabled person’s condition. Security force members did not intervene, even when disabled persons sat between moving lanes of traffic, making it difficult for those in cars to see them.

None of the 18 tribes in the country constituted a majority. There were also minorities of Indian, Pakistani, Comorian, and Chinese heritage. Ethnicity, caste, and regional solidarity often were considered in hiring and exploited in politics. A long history of military conquest and political dominance by highland ethnic groups of Asian origin, particularly the Merina, over coastal groups of African ancestry contributed to tensions between citizens of highland and coastal descent, especially in politics.

The law provides for a prison sentence of two to five years and a fine of two to 10 million ariary ($540 to $2,700) for acts that are “indecent or against nature with an individual of the same sex younger than 21,” which is understood to include sexual relations. There is no law prohibiting same-sex sexual conduct for those older than 21. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reportedly were unaware of the risk of arrest for “corruption of a minor,” and arrests occurred for such acts, although there were no official statistics.

There are no specific antidiscrimination provisions that apply to LGBTI persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying with their chosen gender.

There were no reports of police or other government agents inciting, perpetrating, or condoning violence against LGBTI individuals.

As evidenced by comments in occasional news items involving well known LGBTI personalities, members of the LGBTI community often continued to face considerable social stigma and discrimination within their own families, particularly in rural areas.

Health care providers subjected persons with HIV/AIDS to stigma and discrimination. HIV/AIDS patients have the right to free health care, and the law specifies sanctions against persons who discriminate against or marginalize persons with HIV/AIDS. Apart from the National Committee for the Fight against AIDS in Madagascar, national institutions–including the Ministries of Health and Justice–did not effectively enforce the law.

Mob violence occurred in both urban and rural areas, in large part due to crime and lack of public confidence in police and the judiciary. Crowds killed, beat, burned, or otherwise injured suspected criminals or accomplices, and the media reported 25 deaths resulting from mob violence between January and September. Authorities sometimes arrested the perpetrators, but fear of creating renewed anger hindered prosecution. Media and observers believed the law was more likely to be enforced against perpetrators when it was in the interests of authorities or security forces.

In July the gendarmerie carried out sensitization campaigns against mob violence, especially during the vanilla crop season.

On August 18, in Vohemar, a group of villagers beat to death six presumed thieves who had allegedly robbed 330 pounds of vanilla from a house. The gendarmes arrived on site after the killing and called on the villagers not to engage in mob violence but made no arrests.

The law provides that public and private sector workers may establish and join labor unions of their choice without prior authorization or excessive requirements. Civil servants and maritime workers have separate labor codes. Essential workers, including police, military, and firefighters, may not form unions. The maritime code does not specifically provide the right to form unions.

The law generally allows for union activities and provides most workers the right to strike, including workers in Export Processing Zones (EPZs). Authorities prohibit strikes, however, if there is a possibility of “disruption of public order” or if the strike would endanger the life, safety, or health of the population. Workers must first exhaust conciliation, mediation, and compulsory arbitration remedies, which may take eight months to two and one-half years. Magistrates and workers in “essential services” (not defined by law) have a recognized but more restricted right to strike. The law requires them to maintain a basic level of service and to give prior notice to their employer. The labor code also provides for a fine, imprisonment, or both for the “instigators and leaders of illegal strikes.”

The law prohibits antiunion discrimination by employers. In the event of antiunion activity, unions or their members may file suit against the employer in civil court. The law does not accord civil servants and other public sector employees legal protection against antiunion discrimination and interference.

The law provides workers in the private sector, except seafarers, the right to bargain collectively. Public sector employees not engaged in the administration of the state, such as teachers hired under the auspices of donor organizations or parent associations in public schools, do not have the right to bargain collectively. Authorities did not always enforce applicable laws, and penalties were not sufficient to deter violations. Procedures were subject to lengthy delays and appeals. Larger international firms, such as in the telecommunications and banking sectors, more readily exercised and respected collective bargaining rights. These rights, however, were reportedly more difficult to exercise in EPZs and smaller local companies. Union representatives reported workers in such companies often were reluctant to make demands due to fear of reprisal.

The government was inconsistent in its respect for freedom of association and collective bargaining rights. The law requires that unions operate independently of the government and political parties. Union representatives indicated employers increasingly attempted to dissuade or influence unions, which often prevented workers from organizing or criticizing poor working conditions. Unions reported that many employers hindered their employees’ ability to form or join labor unions through intimidation and threats of dismissal for professional misconduct. Due to pervasive corruption, labor inspectors, bribed by some employers, usually approved dismissal of union leaders. As a result, workers were reluctant to join or lead unions.

Strikes occurred throughout the year, including by public school and university teachers, staff of some municipalities, and national company employees. There were no reports of official sanctions taken against any labor leaders.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor, with penalties that were sufficient to deter violations. Trafficking in children was a significant problem in the informal sector. Forced labor also persisted in dina judgments (see section 1.d.). In some communities, local dinas imposed forced labor to resolve conflicts or pay debt. These arrangements persisted because authorities did not effectively enforce the law. The legal definition of trafficking includes forced labor.

The government has a national service requirement law, under which all men are required to perform two years of military service or other work, which the ILO criticized as a potential means of mobilizing compulsory labor for economic development. The national service requirement, however, was not enforced, because those wishing to enlist exceeded the available spaces and funding.

Union representatives charged that working conditions in some garment factories were akin to forced labor. Setting production targets instead of paying overtime allowances became a general practice among EPZ companies. Workers were assigned higher targets each time they reached the previous goals, obliging them to work more hours to avoid sanctions like salary withholding or even dismissal for low performance. The media and union representatives reported additional abuses perpetrated in call centers run by offshore companies and reported that managers required employees to work overtime beyond legal limits.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law establishes a legal minimum working age of 16, with various restrictions. The law also regulates working conditions of children, defines the worst forms of child labor, identifies penalties for employers, and establishes the institutional framework for implementation. The law allows children to work a maximum of eight hours per day and 40 hours per week with no overtime and prohibits persons younger than 18 from working at night or where there is an imminent danger to health, safety, or morals. The law prohibits hazardous occupations and activities for children. The law requires working children to undergo a semiannual medical checkup performed by the company’s doctor or an authorized doctor at the expense of the employer.

The government did not effectively enforce the law. Penalties were insufficient to deter violations. The Ministry of Civil Services, Administrative Reform, Labor, and Social Laws is responsible for enforcing child labor laws.

Child labor was a widespread problem. Centers operated by NGOs in Antananarivo, Antsirabe, and Toamasina cared for children who were victims of human trafficking and forced labor. Children in rural areas worked mostly in agriculture, fishing, and livestock herding, while those in urban areas worked in domestic labor, transport of goods by rickshaw, petty trading, stone quarrying, artisanal mining for gemstones such as sapphires, in bars, and as beggars. Children also worked in the vanilla sector, salt production, mining, deep-sea diving, and the shrimp industry. Some children were victims of human trafficking, which included child sex trafficking and forced labor. The results of the 2018 Multiple Indicator Cluster Survey indicated 47 percent of children were involved in child labor, including 36 percent of those between five and 11 years old. In addition, 32 percent of children between ages five and 17 worked in dangerous environments or occupations.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

Labor laws prohibit workplace discrimination based on race, gender, religion, political opinion, origin, or disability. A special decree on HIV in the workplace bans discrimination based on serology status. The law does not prohibit discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law, and penalties were not sufficient to deter violations. Discrimination remained a problem. Employers subjected persons with disabilities and LGBTI individuals to hiring discrimination. Stateless persons had difficulty accessing employment, and refugees and asylum seekers were barred from employment. Members of some evangelical churches reported limited access to employment if their Sabbath was not on Sunday.

In rural areas, where most of the population engaged in subsistence farming, traditional social structures tended to favor entrenched gender roles, leading to a pattern of discrimination against women. While there was little discrimination in access to employment and credit, women often did not receive equal pay for substantially similar work. The law does not permit women to work in positions that might endanger their health, safety, or morals. According to the labor and social protection codes, such positions included night shifts in the manufacturing sector and certain positions in the mining, metallurgy, and chemical industries, and this was generally respected in the formal sectors.

e. Acceptable Conditions of Work

The government raised the minimum wage to an amount slightly above the poverty level as defined by the World Bank. The standard workweek was 40 hours in nonagricultural and service industries and 42.5 hours in the agricultural sector.

The law limits workers to 20 hours of overtime per week and requires two and one-half days of paid annual leave per month. The law requires overtime pay, generally for more than 40 hours work in one week, but the exact circumstances requiring such pay are unclear. If the hours worked exceed the legal limits for working hours (2,200 hours per year in agriculture and 173.33 hours per month in other sectors), employers are legally required to pay overtime in accordance with a labor council decree that also denotes the required amount of overtime pay.

The government sets occupational safety and health standards for workers and workplaces, but the labor code does not define penalties for noncompliance, and only requires an inspection before a company may open. Workers, including foreign or migrant workers, have an explicit right to leave a dangerous workplace without jeopardizing their employment as long as they inform their supervisors. Employers did not always respect this right. Labor activists noted that standards, dating to the country’s independence in some cases, were severely outdated, particularly regarding health and occupational hazards and classification of professional positions. There was no enforcement in the large informal sector, which was estimated to comprise as much as 85 percent of the work force.

The Ministry of Civil Services’ Department of Administrative Reform, Labor, and Social Laws is responsible for enforcing minimum wage and working conditions but did not effectively enforce the law. The number of labor inspectors was insufficient to monitor conditions outside of the capital. Apart from the insufficient number of inspections, authorities reportedly took no other action during the year to prevent violations and improve working conditions. There were no prosecutions, and penalties were insufficient to deter violations.

Violations of wage, overtime, or occupational safety and health standards were common in the informal sector and in domestic work, where many worked long hours for less than minimum wage. Although most employees knew the legal minimum wage, high unemployment and widespread poverty led workers to accept lower wages.

Media and union representatives reported that employees of offshore companies operating in customer service and online commerce generally worked in harsh conditions. These employees were subjected to long working hours including night shifts, weekends, and holidays, generally with no appropriate allowances such as overtime pay. Representatives reported many of them were frequently sick or gave up their jobs within a few days as a result.

The constitution provides for freedom of expression, including for the press; however, a related law was amended in October 2018 to prevent internet users from posting anything that could cause “annoyance, humiliation, inconvenience, distress or anxiety to any person” on social media. Anyone found guilty faces up to 10 years’ imprisonment.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

The government owned the sole domestic television network, MBC TV. Opposition parties and media commentators regularly criticized the station for its allegedly progovernment bias and unfair coverage of opposition parties, as well as alleged interference in the network’s daily operations by the prime minister’s senior adviser. International television networks were available by subscription or via cable. Stringent limitations on foreign investment in local broadcast media contained in the Independent Broadcasting Authority Act were deterrents to the establishment of independent television stations.

Censorship or Content Restrictions: On July 31, the United Arab Emirates deported Mauritian citizen Shameem Korimbocus for posting offensive comments on social media directed at the Mauritian government. Media reported in 2018 that a senior member of the Mauritian government requested that the Dubai government intervene. Authorities did not charge Korimbocus with any crimes on his return.

The government maintained its 1989 ban of The Satanic Verses by Salman Rushdie and the Rape of Sita by Lindsey Collen. While bookstores could not legally import the book, purchasers could buy it online without difficulty.

The government did not restrict or disrupt access to the internet. There were continuing unsubstantiated claims that police tapped cellphones and email of journalists and opposition politicians.

There were no government restrictions on academic freedom or cultural events.

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Foreign Travel: In cases where individuals were arrested and released on bail, the government generally seized the person’s passport and issued a prohibition order prohibiting such individuals from leaving the country.

Not Applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system providing protection to refugees. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees or asylum seekers in the country.

Not applicable.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: There were widespread anecdotal reports that corruption occurred, but during the year no complaints were lodged with police or with the Independent Commission Against Corruption.

Financial Disclosure: The law requires national government cabinet officers and commissioners of the Rodrigues Island Regional Assembly to make a public disclosure of assets upon taking office and at the dissolution of the National Assembly or the Rodrigues Island Regional Assembly. On August 22, the Declarations of Assets Act was amended to extend financial disclosure to senior civil servants and political appointees to government agencies; however, the government did not always enforce the law.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The president appoints an ombudsman to investigate complaints against public servants, including police officers and prison guards. Individual citizens, council ministers, or members of the National Assembly may request the ombudsman to initiate an investigation. As an alternative to filing judicial charges, the ombudsman may make recommendations to the appropriate government office for administrative responses to offenses committed by a public officer or other authority carrying out official duties. The ombudsman is independent and was adequately resourced and effective.

The Equal Opportunities Commission (EOC) investigates allegations of discrimination and promotes equality of opportunity in both the private and public sectors. The EOC is independent and was adequately resourced and effective.

The NHRC enjoyed the government’s cooperation and operated without government or party interference.

Rape and Domestic Violence: The law prohibits rape, but there is no provision criminalizing spousal rape, unless it is sodomy. Police and the judicial system did not effectively enforce the law, according to local NGOs that work with domestic violence victims. The penalty for rape is up to 20 years’ imprisonment, with a fine not exceeding 200,000 rupees ($5,555). Rape cases rarely make the headlines, unless they are egregious in nature.

The law criminalizes domestic violence, but it remained a major problem. On September 7, media reported 32-year-old Stephanie Menes was found dead in her house after her husband beat her. Her hands and feet were tied with a rope. Amendments to the Protection from Domestic Violence Act (PDVA) effective in 2016 establish a list of offenses separate from the criminal code, which was not the case prior to the amendment. The amendments redefine the term “spouse” to include unmarried couples of the opposite sex; redefine “domestic violence” to include verbal, psychological, economic, and sexual abuses; and empower police officers and enforcement officers to act on behalf of the victims instead of waiting for a formal complaint from the victim. Although the amendments do not mention spousal rape, section 2.d. stipulates that a spouse cannot force or threaten the other partner into a sexual act “from which the spouse or the other person has the right to abstain.”

Domestic violence activists stated police did not effectively enforce the law. According to women’s rights NGOs, police were not always effective in protecting domestic violence survivors to whom authorities had granted court protection orders. Authorities prosecuted crimes including assault, aggravated assault, threats, and blows under the criminal code, but law enforcement recordkeeping did not always indicate whether they were linked to domestic violence.

The law provides for protection and housing rights for victims, as well as counseling for the abuser; however, counseling for the abuser is not mandatory, and there were few shelters available to house survivors. Anyone found guilty of violating a protection order under the PDVA may be fined up to 50,000 rupees ($1,373) or first-time offenders may be imprisoned for up to one year. Under the newly amended PDVA, the penalty is 100,000 rupees ($2,747) and imprisonment not to exceed two years for a second offense and up to five years’ imprisonment for subsequent offenses. In June 2018 the government launched a new mobile phone application, the Family Welfare app, to facilitate reporting of domestic violence and child abuse. As of December there was one case of domestic violence reported through the new application.

Sexual Harassment: The law prohibits sexual harassment, which is punishable by up to two years’ imprisonment. Generally, however, sexual harassment continued to be a problem due to lax enforcement and because victims often did not believe filing a complaint would resolve anything.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Men and women enjoy the same legal status and rights under the constitution and law. The courts upheld these rights. Nonetheless, cultural and societal barriers prevented women from fully exercising their legal rights.

Birth Registration: Children derive citizenship by birth within the country’s territory if one or both parents are citizens of the country. Authorities register births, and the law provides for late registration. Failure to register births resulted in denial of some public services.

Child Abuse: The law criminalizes certain acts compromising the health, security, or morality of a child, although the government was unable to ensure complete compliance, such as in child labor cases. NGOs asserted child abuse was more widespread than the government acknowledged publicly or than actually reported to authorities.

Early and Forced Marriage: The minimum legal marriage age for boys and girls is 16 with parental consent, but marriages of younger children were reported. For example, in June 2018 the investigation into the death of a 13-year-old who died of epilepsy revealed she had been married since January to a 19-year-old man, with her parents’ consent, and that the religious marriage was not registered as the law requires.

Sexual Exploitation of Children: The law prohibits child pornography and provides for a maximum penalty of 20 years’ imprisonment and a fine not exceeding 100,000 rupees ($2,747) for each offense. The law prohibits all forms of child sex trafficking and provides for a maximum penalty of 30 years’ imprisonment. The minimum age for consensual sex is 16. The penalty for rape is imprisonment for up to 20 years and a fine not exceeding 200,000 rupees ($5,494). In addition, the Judicial Provisions Act of 2008 prescribes punishment for child trafficking offenses of up to 30 years’ imprisonment.

The government assisted victims of child abuse by offering counseling at a drop-in center in Port Louis and referring victims to government-supported NGO shelters. Both medical treatment and psychological support were available at public clinics and NGO centers.

Institutionalized Children: The law provides that a simple oath before a magistrate allows parents to have their children placed in the care of the Rehabilitation of Youth Center (RYC) on the basis that they are “children beyond control.” Once admitted to the RYC, the children, some as young as eight or nine, could remain in detention until they reached the age of 18. There were allegations children held in the Correctional Youth Center did not have access to education during their detention and imprisonment.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Approximately 120 Jews, predominantly expatriates, resided in the country. There were no reports of anti-Semitic acts during the year.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination in employment against persons with physical, sensory, intellectual, and mental disabilities. Authorities did not effectively enforce the law with respect to public conveyances. Many buildings also remained inaccessible to persons with disabilities despite a legal requirement for public buildings to be accessible for them. The law stipulates that persons with disabilities must constitute at least 3 percent of a workforce of 35 or more employees, but authorities did not effectively enforce it.

The government implemented programs to provide that persons with disabilities had access to information and communications, such as captions and sign language interpretation of news broadcasts. The state-run television station broadcasts a weekly sign language news program for persons with hearing disabilities. The government did not restrict the right of persons with disabilities to vote or participate in civic activities, although lack of accessible transportation posed a barrier to some voters with disabilities. The government provided wheelchairs to make polling stations more accessible to persons with disabilities and elderly persons. Children with physical disabilities have the right to attend mainstream schools, but, according to students with disabilities and their parents, schools turned them away because they could not be accommodated. In 2018 the government approved the Special Needs Bill, which established a regulatory authority to address and advocate for individuals with special needs, including children. Children with mental disabilities attended specialized schools that received minimal government funding.

Poverty continued to be more common among citizens of African descent (Creoles) than in any other community. On September 24, a court acquitted former vice prime minister and minister of housing Showkutally Soodhun of abusing his authority after a video emerged of him reassuring a group of Hindu citizens that 90 percent of a new housing project would go to Hindus, 10 percent to Muslims, and that Creoles would get nothing to “prevent prostitution from spreading in the neighborhood.” The minister stepped down in 2017 but continued as a member of parliament.

The law does not specifically criminalize consensual same-sex sexual activity. It criminalizes sodomy, however, for both same-sex and heterosexual couples. Authorities rarely used the sodomy statute against same-sex couples, unless one of the partners cited sodomy in the context of sexual assault.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of verbal abuse or violence generally did not file complaints with police for fear of ostracism or, in some cases, fear of reprisal from family members. The law allows individuals who have had same-sex sexual activity to donate blood so long as they satisfy blood donation requirements, namely, not having had unprotected sex in the 12 months prior to the donation. There were unsubstantiated claims, however, that health officials still prevented LGBTI persons who engage in sodomy from donating blood. Unlike in previous years, there were no incidents or counterprotests during this year’s Gay Pride march.

The law provides that persons with HIV/AIDS should be free from stigmatization and discrimination. There were no pending cases of discrimination against such persons or their relatives.

The local NGO Prevention Information Lutte contre le Sida reported authorities denied HIV/AIDS patients social aid due to the absence of an HIV/AIDS expert on the medical board of the Ministry of Health and Quality of Life.

The constitution and law provide for the rights of workers, including foreign workers, to form and join independent unions, bargain collectively, and conduct legal strikes.

Civil servants have the right to bargain collectively with the Pay Research Bureau. Workers are free to form and join unions and to organize in all sectors, including in the export-oriented enterprises (EOE), formerly known as the export-processing zone. The Police (Membership of Trade Union) Act allows police officers to form and join unions. The law grants authorities the right to cancel a union’s registration if it fails to comply with certain legal obligations; however, there were no reports that the government exercised this right. The law provides for a commission to investigate and mediate labor disputes, and a program to provide unemployment benefits and job training. The law allows unions to conduct their activities without government interference.

The law establishes a mandatory, complex, and excessively lengthy process for declaring a legal strike. This process calls for labor disputes to be reported to the Commission for Conciliation and Mediation only after meaningful negotiations have occurred and the parties involved have reached a deadlock–a process that is not to exceed 90 days unless the parties involved agree. If the parties reach no compromise, the workers may call a strike. Even if workers follow this procedure, the law allows the government to prohibit a strike and refer the dispute to arbitration if the strike could seriously affect an industry or service or threaten employment. Strikes are not generally legal on issues that are already covered in a collective bargaining agreement. The law requires workers in many sectors to provide minimum service levels in the event of a strike, including sectors that international standards do not classify as “essential services.” The law prohibits strikes and other demonstrations during the sittings of the National Assembly and does not allow unions to organize strikes at the national level or concerning general economic policy issues.

Worker participation in an unlawful strike is sufficient grounds for dismissal, but workers may seek a remedy in court if they believe their dismissals were unjustified. The law prohibits antiunion discrimination, but it does not provide for reinstatement of workers fired for union activity. Dismissed workers can turn to the Industrial Relations Court to seek redress.

National labor laws cover all workers in the formal and informal sectors, with exceptions in the EOE pertaining to overtime. Despite growth in the informal economy over the years, there was no research on or estimate of the size of the informal economy, which traditionally includes street “hawkers” involved in vending of food and clothing.

The government effectively enforced applicable laws, but there were a few delays in procedures and appeals. Penalties for violations by employers were insufficient to deter violations.

Freedom of association and the right to collective bargaining were generally respected, and workers exercised these rights. Most unions collectively negotiated wages higher than those set by the National Remuneration Board (NRB). Worker organizations were independent of the government and political parties. There were no reports of government interference in union activities.

Despite the law antiunion discrimination and dismissal remained a problem in the private sector. Some employers in the EOE reportedly continued to establish employer-controlled work councils for EOE workers, effectively blocking union efforts to organize. Approximately 59,000 persons worked in the EOE; only 10 percent belonged to unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The government did not effectively enforce the law. The government made some efforts to prevent and eliminate forced labor (see section 7.c.), but trade unions stated resources, inspections, and remediation were inadequate. Penalties for violations were not sufficient to deter violations. Data from the Ministry of Labor, Industrial Relations, Employment and Training on the number of victims removed from forced or compulsory labor during the year were not available.

Trade unionists reported cases of forced labor during the year among migrant workers involving passport confiscation, underpayment of wages, substandard living conditions, lack of clearly defined work titles, denial of meal allowances, and deportation. As of September 30, there were 44,967 migrant workers in the country, mainly from Bangladesh, India, Sri Lanka, Nepal, China, and Madagascar. In addition, Malagasy women reportedly transited the country while traveling to other countries, where employers subjected them to forced labor conditions.

The International Labor Organization noted some deficiencies in the law, including provisions that allow for compelled labor from seafarers who do not follow orders and allow for the hiring out of prisoners to private companies.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law does prohibit the worst forms of child labor. The law prohibits the employment of children younger than 16 and prohibits employment of children younger than 18 in work that is dangerous, unhealthy, or otherwise unsuitable for young persons. The penalties for employing a child were not sufficient to deter violations.

The government did not effectively enforce the law. The Ministry of Labor, Industrial Relations, Employment, and Training is responsible for the enforcement of child-labor laws and conducted frequent inspections of businesses in the formal economy, but generally inspections did not occur after hours or in the informal sector where there was evidence of child labor. The ministry developed vocational training programs to prevent employment of underage children and conducted programs to identify and integrate street children into its vocational training program. These programs are preparatory professional training for school dropouts who are too young to enter the work force.

While the government generally respected this law, it did not effectively enforce it, especially in the informal sector. Penalties were not sufficient to deter violations. Children worked in the informal sector, including as street traders, and in small businesses, restaurants, agriculture, small apparel workshops, and retail shops.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

Labor laws and regulations prohibit discrimination regarding race, sex, gender, disability, sexual orientation, HIV-positive status or having other communicable diseases, social status, religion, political opinion, and national origin. The law affords women broadly defined wage protections and requires equal pay for equal work for both men and women; it also states that employers should not force women to carry loads above certain weight limits. The government did not effectively enforce these laws and regulations.

Discrimination in employment and occupation with respect to gender, race, disability, and HIV/AIDS status occurred. While women had equal access to education, the private sector paid women less than men for substantially similar work. Women filled few decision-making positions in the private sector, and there were even fewer women sitting on corporate boards, where approximately 6 percent of all board members were women.

The law requires organizations employing more than 35 persons to set aside at least 3 percent of their positions for persons with disabilities, but the government was not always effective in enforcing this law. The main reasons for the low employment rate of persons with disabilities were inaccessible workplaces and a lack of adapted equipment.

Many community leaders claimed there was discrimination in the employment of Creoles (citizens of African descent) and Muslims of Indian origin in the public service.

In 2017 the Equal Opportunities Amendment Act came into force to counter abuses under the 2012 Certificate of Character Act, which requires employees to provide proof to their employers that they have no criminal record. The new amendment protects employees from being fired due to a criminal record on their certificate of character that “is irrelevant to the nature of the employment for which that person is being considered.” Previously some workers complained employers fired them once the employer learned they lacked a clean certificate of character. Many individuals complained the certificate makes no distinction between minor offenses, such as street littering, and more serious offenses. Observers noted all offenses remain permanently on the certificate of character.

e. Acceptable Conditions of Work

In the private sector, the NRB sets minimum wages for nonmanagerial workers outside the EOE. The minimum wage for an unskilled domestic worker in the EOE was above the poverty line, while the minimum wage for an unskilled factory worker outside the EOE was below the poverty line.

By law employers cannot force a worker outside the EOE to work more than eight hours per day, six days per week. The standard legal workweek in the EOE is 45 hours. According to a local trade union, the Mauritius Labor Congress, 10 hours of overtime a week is nonetheless mandatory at certain textile factories in the EOE. Regulations require remuneration for those who work more than their stipulated hours at one and a half times the normal salary rate. Those who work during their stipulated hours on public holidays are remunerated at double their normal salary rate. The law provides for paid annual holidays but does not prohibit compulsory overtime in the EOE. For industrial positions, regulations do not permit workers to work more than 10 hours a day. The law requires the Ministry of Labor, Industrial Relations, Employment and Training to investigate cases of overtime violations. If an employer fails to take action to address the violations, the ministry initiates a court action.

The Employment Rights Act and the Employment Relations Act cover the laws relating to acceptable conditions of work outside the EOE. These laws provide for a standard workweek and paid annual holidays, require premium pay for overtime, and prohibit compulsory overtime. A worker (other than a part-time worker or a watchperson) and an employer may agree, however, to have the employee work in excess of the stipulated hours without added remuneration, if the number of hours covered in a 14-day period does not exceed 90 hours or a lesser number of hours as agreed to by both parties.

The government did not enforce the law effectively. While the government enforced wages in the formal sector, there were reports employers demoted workers to part-time status to evade wage and hour requirements. Penalties were not sufficient to deter violations.

The government sets occupational safety and health standards. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in these situations; however, workers did not generally exercise this right.

Ministry of Labor, Industrial Relations, Employment and Training officials inspected working conditions. The ministry employed labor and industrial relations officers, including labor inspectors in the Migrant Labor Unit, to investigate all reports of labor abuses. Despite an increase in the number of inspectors in the Migrant Labor Unit, trade unions said the number was insufficient to enforce compliance. Penalties were not always sufficient to deter violations. Authorities generally applied these standards to both foreign and citizen workers.

The actual market wage for most workers was much higher than the minimum wage due to a labor shortage and collective bargaining.

Unions reported cases of underpayment for overtime in the textile and apparel industries due to differences in existing legislation and remuneration orders for the calculation of overtime hours.

Employers did not always comply with safety regulations, resulting in occupational accidents. There were reports of foreign workers living in dormitories with unsanitary conditions, which gave rise to spontaneous protests during the year. For example, on October 3, the Passport and Immigration Office deported 42 Bangladeshi migrant workers of Firemount Textiles after they violently protested delays in salary payment and poor living conditions.

The constitution and law provide for freedom of expression, including for the press. The government did not always effectively protect or respect these freedoms. Academics, journalists, opposition party officials, and civil society reported an atmosphere of intimidation and fear that restricted freedom of speech and press. Journalists expressed concern regarding government intimidation by security forces.

Freedom of Expression: There were no official restrictions on the ability of individuals to criticize the government or on the discussion of matters of general public interest. Police imposed de facto restrictions on free speech and expression throughout the year. Opposition and civil society members complained they could not freely criticize the government without fear of reprisal. The opposition Renamo Party accused the government of using the military and police to prevent its candidates from undertaking political activities.

Press and Media, Including Online Media: Media outlets and individual journalists regularly reported on a broad range of topics and criticized the government, the ruling party, and prominent political figures. The vast majority of critical articles did not result in retaliation from the government or the ruling party. Civil society organizations and journalists, however, stated the government and ruling party exerted substantial pressure on all forms of media and took retaliatory action when unspecified limits were crossed. In August parliament passed a law criminalizing photographing or recording video and audio of individuals without their consent. Conviction of violating this law is punishable by up to one year in prison.

Violence and Harassment: Journalists were subjected to violence, harassment, or intimidation due to their reporting. For example, civil society and journalists stated that authorities harassed journalists who reported on the involvement of finance minister Manuel Chang in the “Hidden Debt” scheme in which nearly 124 billion meticais (two billion dollars) in government-backed loans were secretly contracted through a scheme that involved extensive bribery and kickbacks, including to sitting government officials.

On January 5, soldiers arrested journalist Amade Abubacar in Cabo Delgado Province as he was interviewing residents who were fleeing insurgent attacks. He was reportedly held incommunicado in a military detention facility until his lawyers succeeded in obtaining his transfer to a civilian prison. Authorities stated he was suspected of terrorist activity and charged with violating state secrets. Amnesty International stated mistreatment of Abubacar while in detention included “physical aggression, forcing him to sleep handcuffed” and food deprivation. It concluded that this amounted “to cruel, inhuman or degrading treatment or punishment, or even torture.” On April 23, Abubacar was released, but his freedom of movement was restricted. On September 5, the public prosecutor of Cabo Delgado Province charged him with “public instigation through the use of electronic media,” “slander against forces of public order,” and “instigation or provocation to public disorder.” As of November the Cabo Delgado Provincial Court had yet to accept the case.

Censorship or Content Restrictions: There were no official government guidelines for media. Journalists in the state-controlled and private media reported pressure to self-censor. Some journalists stated critical reporting could result in cancellation of government and ruling party advertising contracts. The largest advertising revenue streams for local media came from ministries and state-controlled businesses. Domestic and international observers viewed the January 5 arrest and jailing of journalist Amade Abubacar while interviewing persons displaced by violence in Cabo Delgado Province as an example of de facto censorship.

National Security: Authorities cited antiterrorism and national security laws to arrest journalists who attempted to report on violence in Cabo Delgado Province. On February 18, journalist Germano Adriano was arrested, charged with using technology to violate state secrets, and jailed. He was released in April. By November he had yet to be tried.

The government did not restrict or disrupt access to the internet or censor online content; however, there were reports that the government monitored private online communications without appropriate legal authority. For example, members of civil society reported government intelligence agents monitored email and used false names to infiltrate social network discussion groups, and internet freedom advocates believed the intelligence service monitored online content critical of the government.

There were no government restrictions on academic freedom or cultural events; however, some academics reported self-censorship. Although the law provides for separation of party and state, in Nampula and Zambezia Provinces, school principals and teachers were required to contribute money to the ruling party’s election campaign. Teachers in both provinces who refused to donate to the campaign were threatened with salary reductions. Some teachers were required to attend Frelimo election rallies and events.

The constitution and law provide for the freedoms of peaceful assembly and association. The government did not always respect these rights.

In January staff members of the Center for Public Integrity (CIP) distributed free T-shirts in front of their office with the slogan, “I’m not paying hidden debts!” referring to the Hidden Debt scandal in which state-owned companies contracted two billion dollars in debt for fishing and maritime security-related projects. According to CIP, police physically prevented CIP staff members from distributing the T-shirts.

The Ministry of Justice, Constitutional, and Religious Affairs did not act on the request for registration of the Mozambican Association for the Defense of Sexual Minorities (LAMBDA)–the country’s only lesbian, gay, bisexual, transgender, and intersex (LGBTI) advocacy NGO–by year’s end. Although the registration process usually takes less than two months, LAMBDA’s request has been pending since 2008 despite resubmissions of its application. Civil society leaders and some diplomatic missions continued to urge the ministry to act on LAMBDA’s application and to treat all registration applications fairly. In 2017 the Constitutional Court ruled LAMBDA and other groups could not be precluded from registration based on “morality” but did not direct the government to grant official recognition to LAMBDA. LAMBDA continued to pursue a previously filed case with the Administrative Tribunal–the highest jurisdiction for administrative matters–specifically seeking to compel the government to respond to its registration request.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

The International Organization for Migration estimated there were more than 90,000 internally displaced persons (IDPs) in the country in October due to Cyclones Idai and Kenneth.

In March in the aftermath of Cyclone Idai, UN agencies and international donors delivered life-saving assistance including emergency shelter and nonfood items (solar lamps, blankets, jerry cans, buckets, mosquito nets, kitchen sets) to nearly 150,000 IDPs. In April, UN agencies and donors provided a short-term presence for coordination and protection monitoring of approximately 25,000 IDPs in Cabo Delgado immediately after Cyclone Kenneth made landfall. In April the World Food Program stated it was providing emergency food assistance to more than 30,000 IDPs displaced by to extremist violence in six northern districts of Cabo Delgado Province.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Durable Solutions: The government worked closely with UNHCR to implement a local integration program for refugees in communities in Maputo and nearby Matola, and at the Maratane Camp in Nampula Province. UNHCR referred a limited number of refugees for third-country resettlement.

Not applicable.

The law provides criminal penalties for conviction of corrupt acts by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Corruption was a problem in all branches and at all levels of government. In 2018 the president stated corruption was among the greatest challenges facing the country and stressed the fight against corruption was a top priority.

Corruption: Corruption, including extortion by police, remained widespread, and impunity remained a serious problem. Police regularly demanded identification documents or alleged vehicular infractions solely to extort bribes.

There were several cases of public corruption during the year involving active and former government officials arrested and charged with crimes. Those charged included former labor minister and former cabinet official Maria Helena Taipo and ambassador to Russia Bernardo Chirinda. Both were charged with embezzlement and misuse of public funds.

In what became known as the Hidden Debt scheme (see sections 2.a and 2.b.), in 2013 the government began guaranteeing a series of loans totaling more than 128 billion meticais (two billion dollars) from two investment banks–Credit Suisse and the Russian VTB (Vendor Take Back) Bank–for three security and defense-related state-owned enterprises. The loans were signed by former finance minister Manuel Chang, and their existence was not disclosed to the public or parliament. In December 2018 Manuel Chang was arrested in South Africa pursuant to a U.S. arrest warrant related to his alleged involvement in the scheme. On June 3, the Constitutional Council declared the loans illegal. Twenty additional suspects of involvement in the scheme were also arrested.

Financial Disclosure: The law requires annual income and assets disclosure by appointed and elected members of the government and high-ranking civil servants to the Ministry of State Administration. The law provides for fines for those who do not file declarations; however, the declarations are not made public. The Center for Public Integrity reported incomplete compliance because the process of requiring public servants to file financial disclosures was not effective.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. The government had yet to act on the registration request pending since 2008 of a local LGBTI rights advocacy organization. The government frequently denied or delayed NGO access to areas where credible allegations of abuses by security forces occurred.

Government Human Rights Bodies: The CNDH is mandated to promote and defend the human rights provisions of the constitution. Its stated priorities include cases of law enforcement violence, judicial corruption, and abuses of prisoner rights. The CNDH lacks authority to prosecute abuses and must refer cases to the judiciary. Commission members are chosen by political parties, civil society, the prime minister, and the Mozambican Bar Association

Rape and Domestic Violence: The law criminalizes rape of adults and children, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is age 12 or older and 20 to 24 years’ imprisonment if the victim is younger than age 12.

Conviction of abuse of a spouse or unmarried partner–regardless of gender–is punishable by one to two years’ imprisonment or longer if another crime is also applicable. The government did not effectively enforce domestic abuse law. NGOs stated domestic violence against women remained widespread.

The Office of the Attorney General stated that the Bureau of Family Assistance and Minor Victims of Domestic Violence handled nearly 14,000 cases of domestic violence, most of which occurred in Maputo and Inhambane Province–an increase of nearly 11 percent from 2018. The Attorney General’s Office stated it processed nearly 7,000 cases of criminal domestic violence during the year.

Many cases of domestic violence were not reported to authorities. According to NGO and media reports, many families preferred to settle rape allegations through informal community courts or privately through financial remuneration rather than through the formal judicial system.

Government agencies and NGOs implemented public outreach campaigns to combat violence against women nationwide. Police and NGOs worked together to combat domestic violence. The PRM operated special women and children’s units within police precincts that received high numbers of cases of domestic violence, sexual assault, and violence against children.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. FGM/C existed in the country, but NGOs and the government stated the incidence was low. There were no reliable estimates of the numbers of girls and women subjected to FGM/C. For additional information, see Appendix C.

Other Harmful Traditional Practices: The practice of “purification,” whereby a widow is obligated to have unprotected sex with a member of her deceased husband’s family, occurred, particularly in rural areas, despite campaigns against it.

Sexual Harassment: Sexual harassment remained pervasive in business, government, schools, and broadly in society. There is no legislation on sexual harassment in public places outside of schools. By law a teacher who abuses or sexually harasses a student through orders, threats, or coercion may be fined up to 20 times the teacher’s monthly salary.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: The law provides the same legal status and rights for women as for men; however, the government did not enforce the law effectively. The law does not specifically require equal pay for equal work, nor does it prohibit discrimination based on gender in hiring. The law contains provisions that limit excessive physical work or night shift requirements during pregnancy. The law contains special provisions to protect women against abuse; however, these provisions were rarely enforced.

Women experienced economic discrimination. Gaps in education and income between men and women remained high. In some regions, particularly the northern provinces, women had limited access to the formal judicial system for enforcement of rights provided by the civil code and instead relied on customary law to settle disputes. Enforcement of laws that protect women’s rights to land ownership in the formal economy remained poor. Women typically could not inherit land under customary law.

The parliament had a women’s caucus, composed of members from the three parties with parliamentary seats that sought to promote women’s rights, including gender-balance issues such as women’s representation in decision-making bodies.

Birth Registration: Citizenship is obtained by birth within the country or birth to at least one Mozambican citizen parent outside the country. Failure to register a child’s birth may result in the child’s inability to attend school and may prevent a person from obtaining public documents, such as identity cards, passports, or “poverty certificates” that enable access to free health care and free secondary education. Birth registration was often delayed in rural areas. Cultural practice prevented a woman, especially in rural areas, from exercising her legal right to register her child without the presence of the child’s father.

Education: By law education is compulsory, universal, and free of tuition through primary school and grades seven through nine of secondary school. Nevertheless, school costs for supplies and uniforms remained beyond the means of many families, especially in rural areas. According to the Millennium Development Goals Report, only 52 percent of children complete primary school education.

Child Abuse: The Child Protection Law provides for protection against physical and sexual abuse; removal of children from parents who are unable to protect, assist, and educate them; and juvenile courts to deal with matters of adoption, maintenance, and regulating parental power. Juvenile courts have wide discretion with regard to sentencing, but the law requires a minimum of 16 to 20 years’ imprisonment for conviction of trafficking in persons.

Most child-abuse cases involved sexual or physical abuse. Sexual abuse in schools and in homes was a problem. NGOs remained concerned that certain male teachers used their authority to coerce female students into sex. Orphans and other vulnerable children remained at high risk of abuse.

While the government stressed the importance of children’s rights and welfare, significant problems remained; the government had yet to implement any programs to combat child abuse.

Early and Forced Marriage: By law the minimum age of marriage for men and women is 18. In July parliament outlawed marriage for children younger than age 18; the minimum age was previously 16 with parental consent. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 for boys and girls. The law prohibits the commercial sexual exploitation of children and child pornography. Authorities partially enforced the law, but exploitation of children and child prostitution remained a problem. Girls were exploited in prostitution in bars, roadside clubs, and restaurants. Child prostitution appeared to be most prevalent in Maputo Province and the provinces of Nampula, Beira and Manica, border towns, and at overnight stopping points along key transportation routes. Some NGOs provided health care, counseling, and vocational training to children, primarily girls, engaged in prostitution.

Displaced Children: Children from Zimbabwe, Malawi, and Eswatini, many of whom entered the country alone, remained vulnerable to labor exploitation and discrimination (see section 2.d, Freedom of Movement). They lacked protection and had limited access to schools and other social welfare institutions, largely due to lack of resources. Coercion, both physical and economic, of girls into the sex industry was common, particularly in Manica Province.

Several government agencies, including the Ministry of Health and the Ministry of Gender, Children, and Social Action, conducted programs to provide health-care assistance and vocational education for HIV/AIDS orphans and other vulnerable children.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country has a small Jewish community. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against citizens with disabilities; however, the law does not differentiate among physical, sensory, intellectual, and mental disabilities regarding access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

The Ministry of Gender, Children, and Social Action is responsible for protecting the rights of persons with disabilities. The 2012-19 National Action Plan in the Area of Disabilities provides for funding, monitoring, and assessment of implementation by various organizations that support persons with disabilities. Electoral law provides for access and assistance to voters with disabilities in polling booths, including the right for them to vote first.

The city of Maputo offered free bus passes to persons with disabilities. Buses in Maputo, however, did not have specific accessibility features.

The government did not effectively implement laws and programs to provide access to buildings, information, and communications. Discrimination in private-sector and government employment, education, access to health care, and the provision of other services was common. Observers often cited unequal access to employment as one of the biggest problems. The government did not effectively implement programs to provide access to information and communication for persons with disabilities. Educational opportunities for children with disabilities were generally poor, especially for those with developmental disabilities. Children with disabilities attended school through secondary education at a significantly lower rate than other children. The government sometimes referred parents of children with disabilities to private schools with more resources to provide for their children. The Mozambican Association for the Disabled Persons (ADEMO) reported teacher-training programs did not address the needs of students with disabilities. ADEMO also stated school buildings did not meet international standards for accessibility, and public tenders did not include provisions for the accessibility of persons with disabilities.

Doctors reported many families abandoned family members with disabilities at the country’s only psychiatric hospital. ADEMO reported access to equipment, such as wheelchairs, was a challenge due to lengthy and complicated bureaucratic procedures.

Antidiscrimination laws protected LGBTI persons only from employment discrimination. No hate-crime laws or other criminal justice mechanisms exist to aid in the prosecution of bias-motivated crimes against LGBTI persons. Since 2008 the government has failed to take action on LAMBDA’s request to register legally (see section 2.b., Freedom of Association).

There were no media or other reports of bias-motivated attacks on LGBTI persons; however, discrimination in public medical facilities was reported. Medical staff sometimes chastised LGBTI individuals for their LGBTI status when they sought treatment. Intimidation was not a factor in preventing incidents of abuse from being reported.

There were reports of societal discrimination based on sexual orientation and gender identity.

HIV and HIV-related stigma and discrimination, social exclusion, and abuse were prevalent, including in employment, housing, access to education, and health care. Reports continued of many women expelled from their homes and abandoned by their husbands and relatives because they were HIV-positive. Family or community members accused some women widowed by HIV/AIDS of being witches who purposely killed their husbands to acquire belongings; as retribution, they deprived the women of all possessions.

The government denounced violence against persons with albinism. Courts tended to sentence those convicted of the murder and kidnapping of persons with albinism more harshly than those convicted of similar crimes that did not involve persons with albinism.

Albimoz and Amor a Vida, local NGOs that advocated for persons with albinism, documented cases in which assailants kidnapped, maimed, or killed persons with albinism. Criminals attacked them, often with the assistance of a family member, and sold their body parts to traditional healers purportedly from outside the country, who, according to government officials, sought their body parts because of their alleged “magical” properties.

The constitution and law provide for workers, with limited exceptions, to form and join independent trade unions, conduct legal strikes, and bargain collectively. The law requires government approval to establish a union. By law the government may take up to 45 days to register unions, a delay the International Labor Organization has deemed excessive. The law provides for the right of workers to organize and engage in collective bargaining. Workers in defense and security services, tax administration, prison workers, the fire brigade, judges and prosecutors, and the President’s Office staff members are prohibited from unionizing. Other public-sector workers may form and join unions, but they are prohibited from striking.

The law does not allow strike action until complex conciliation, mediation, and arbitration procedures are exhausted, which typically takes two to three weeks. Sectors deemed essential must provide a “minimum level” of service during a strike. Workers’ ability to conduct union activities in workplaces was strictly limited. The law provides for voluntary arbitration for “essential services” personnel monitoring the weather and fuel supply, postal service workers, export processing zone workers, and those loading and unloading animals and perishable foodstuffs. The law requires that strikes be announced at least five days in advance, and the announcement must include the expected duration of the strike, although the government interprets this to allow indefinite strikes. Mediation and arbitration bodies, in addition to the unions and workers themselves, may end strikes. The government respected the legal prohibition of antiunion discrimination. The law prohibits antiunion discrimination; however, it does not explicitly provide for reinstatement of workers terminated for union activities. An employee fired with cause does not have a right to severance, but employees terminated without cause do. Unemployment insurance does not exist, and there is no social safety net program for workers laid off for economic reasons.

Authorities and employers generally respected freedom of association and the right to collective bargaining, although workers were only able to exercise a few of these rights. Unions regularly negotiated wage increases and organized strikes. Collective bargaining contracts covered less than 5 percent of the workforce.

The government did not effectively enforce labor laws. Government efforts included fining companies that violated labor laws and the expulsion of foreign supervisors who allegedly did not follow the law. Fines were not sufficient to deter violators.

The largest trade union organization, the Organization of Mozambican Workers, was perceived as biased in favor of the government and ruling party Frelimo. There were no independent unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties for violations were insufficient to deter violations.

The government did not enforce these laws effectively. There was limited evidence of forced labor and forced child labor in the domestic and agricultural sectors. Girls and women from rural areas, as well as migrant workers from bordering countries, were lured to cities with false promises of employment or education and exploited in domestic servitude and sex trafficking.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations that prohibit the worst forms of child labor; however, gaps exist in the legal framework to protect children adequately from the worst forms of child labor. Children are not permitted to work in occupations that are unhealthy, dangerous, or require significant physical effort. Hazardous work includes an extensive list of activities within 14 occupational categories, including domestic service, mining, and production of tobacco. The minimum working age without restrictions is 18. The law permits children between ages 15 and 17 to work with a Ministry of Labor permit. The employer is required to provide for their training and provide conditions of work that are not damaging to their physical and moral development. Children between ages 15 and 18 may work up to seven hours a day for a total of 38 hours a week.

The Ministry of Labor regulates child labor in the formal sector, but the government did not effectively enforce the law. Labor inspectors may obtain court orders and have police enforce compliance with child labor provisions. Criminal law enforcement officers work with the Ministry of Gender, Children, and Social Action (MGCAS) and the National Reference Group for the Protection of Children and Combating Trafficking in Persons to coordinate referrals of children to social service providers. Furthermore, MGCAS has a standard operating procedure for handling human trafficking victims, which incorporates an intake form used nationwide by law enforcement officers, including border officials, to collect the necessary data from victims and to provide for professional care and referrals to appropriate services. The National Reference Group for the Protection of Children and Combatting Trafficking in Persons also expanded groups throughout all provinces and districts in the country, resulting in improvements in the areas of protection, assistance, and reintegration of victims. There were no mechanisms in place for submitting complaints regarding hazardous and forced child labor. Penalties were insufficient to deter violations. Enforcement mechanisms generally were inadequate in the formal sector and nonexistent in the informal sector.

The labor inspectorate and police lacked adequate staff, funds, and training to investigate child labor cases, especially in areas outside the capital, where a majority of the abuses occurred. Inspectors earned low wages (like many government employees) making them vulnerable to, and often inclined to seek, bribes. Inspectors often did not have the means to travel to sites and therefore relied on the company they were investigating to provide transportation to the site of an alleged violation. The government provided training on child prostitution and abuse prevention to police officers and additional training to labor inspectors on trafficking identification and prevention.

Child labor remained a problem. NGOs reported some girls who migrated from rural areas to urban centers to work as domestic help for extended family or acquaintances to settle debts were vulnerable to commercial sexual exploitation (see section 6, Children). Mothers who did not complete secondary school were more likely to have children involved in child labor. Due to economic necessity, especially in rural areas, children worked in agriculture, as domestic employees, or in prostitution.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

The law prohibits discrimination with respect to employment and occupation. The government effectively enforced applicable law. Penalties (such as fines) were sufficient to deter violations.

Discrimination in employment against persons with disabilities was common, and access to employment was one of the biggest problems facing persons with disabilities.

The law explicitly prohibits discrimination against workers because of HIV/AIDS status, and the Ministry of Labor generally intervened in cases of perceived discrimination by employers. With an increased public awareness of this law, there were no public reports of individuals dismissed because of their HIV status.

There were multiple reports in local media of the Ministry of Labor suspending the contracts of irregular foreign workers. Some foreign workers reported harassment by Ministry of Labor inspectors after disputes with Mozambican coworkers and being forced to pay bribes for work permits or leave the country. In 2017, however, the Constitutional Council ruled it was unconstitutional for the government to expel foreign workers without judicial approval.

e. Acceptable Conditions of Work

The lowest government-mandated minimum wage, based on industry, was above the official poverty line. The standard legal workweek is 40 hours but may be extended to 48 hours. Overtime must be paid for hours worked in excess of 48 hours at 50 percent above the base hourly salary. These legal protections apply to foreign workers holding work permits.

The government sets occupational health and safety (OSH) standards that were up to date and appropriate for the main industries. Health and environmental laws protect workers in the formal sector; however, they do not apply to the informal economy, which comprised an estimated 95 percent of the workforce. Workers have the right to clean and safe workplaces including good physical, environmental, and moral conditions. Workers have the right to be informed of safety risks and instruction on how to follow the regulations and improve safety, including the right to protective clothing and equipment, first aid, health exams, and compensation for workplace injuries or sickness. OSH officers are responsible for identifying unsafe working conditions, but workers may file complaints regarding unsafe situations.

In January labor disputes were reported in Cabo Delgado Province. Workers in Palma District staged a strike in response to the perceived lack of security for local workers and their families due to extremist activity. In response the government imposed a one-week curfew and reinforced its security presence.

The Ministry of Labor is responsible for enforcing the minimum wage rates in the private sector, and the Ministry of Finance does so in the public sector. The ministries usually investigated violations of minimum wage rates only after workers submitted a complaint.

The Ministry of Labor did not effectively enforce minimum wage, hours of work, and OSH standards in the informal economy, since the Ministry of Labor only regulates the formal sector. The number of labor inspectors was not sufficient to enforce compliance. Agricultural workers were among the most vulnerable to poor work conditions and wage theft. The lack of frequent and enforced sanctions for violations created little deterrence for violations. Despite the relatively low number of inspectors, some businesses reported frequent visits by labor inspectors citing capricious violations and threats of fines in order to receive bribes.

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

The government did not restrict or disrupt access to the internet or censor online content, and there no credible reports that the government monitored private online communication without the appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status. The government provided some protection against expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Not applicable.

Government corruption was a problem, and the government took some steps to address it. The law provides criminal penalties for corruption by officials. The Office of the Special Prosecutor, an independent entity, is authorized to prosecute any corruption in the government.

Corruption: As of November the special prosecutor has three continuing investigations into cases of government corruption. In July the governor of Ngiwal State, Ellender Ngirameketii (son-in-law of former interim president Thomas Remengesau Sr.), was arrested and charged with misconduct in office and falsifying financial disclosure statements, understating payments for security services provided by his company to the government.

Financial Disclosure: The government requires elected and some appointed public officials to file annual financial disclosure statements; candidates for office must file a similar statement with the Ethics Commission. These statements are available for public inspection. There are administrative and criminal sanctions for noncompliance.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the President has an Office of the Ombudsman to which any citizen may complain. The government held numerous meetings and training sessions on human rights topics during the year. The special prosecutor held outreach sessions in hamlets throughout the country to inform community members of their right to complain to her office anonymously. She also created a web site for citizens to lodge complaints, which has received complaints that have been investigated.

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a maximum of 25 years’ imprisonment, a fine of $50,000 (the country uses the U.S. dollar as its currency), or both. Domestic violence is a criminal offense. The law is enforced when police respond to calls of domestic violence; however, many persons are reluctant to call police in these situations due to societal pressure. A nongovernmental organization (NGO), “Semesemel Klengeakel Organizations” (Strengthening Family) helped families at high risk of domestic violence with counselling sessions and services, working closely with the Ministries of Justice and Health.

Sexual Harassment: Sexual harassment is illegal and punishable by a maximum of one year’s imprisonment, a $1,000 fine, or both.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides the same legal status and rights for women and men. The inheritance of property and of traditional rank, however, is matrilineal. There were no reports of unequal pay for equal work or gender-related job discrimination. The government generally enforced the law effectively.

Birth Registration: At least one parent must be a citizen of the country in order to transmit citizenship to a child. Birth registration occurs immediately, and there were no reports of failure to register. Authorities register a child born to foreign national parents as a citizen of the parents’ countries.

Early and Forced Marriage: There is no minimum age for marriage between two citizens. The minimum age for marriage between a citizen and a noncitizen is 18 for a man and 16 for a woman, and women younger than 18 must obtain parental permission. Underage marriage was not common.

Sexual Exploitation of Children: The law does not explicitly prohibit child pornography, but it does prohibit the commercial sexual exploitation of children, and the law was enforced. The age of consensual sex is 17. Sexual assault of a minor younger than age 15 is a felony and is subject to a maximum imprisonment of 25 years, a $50,000 fine, or both. Child sexual abuse is a felony with fines up to $50,000, imprisonment for up to 25 years, or both.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child–Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were reportedly fewer than 20 persons in the Jewish community. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with physical or mental disabilities. The law covers persons with mental and physical disabilities, and the government enforced these acts. The law includes a provision for limited access to government buildings for persons with disabilities, and the government generally enforced this provision. Most public schools had programs to address the education needs of students with disabilities that included mainstreaming them with other students.

The law prohibits noncitizens from purchasing land, and there are no provisions for naturalization. Some foreign nationals experienced discrimination in employment (see section 7.d.), pay, housing, education, and access to social services, although the law prohibits such discrimination. Authorities did not pursue or prosecute crimes committed against noncitizens with the same vigor as crimes against citizens.

No laws addressed sexual orientation and gender identity. There were no reports of violence or discrimination based on sexual orientation or gender identity.

The law provides for the right of all persons to assemble peacefully and to associate with others for any lawful purpose, including to join and organize labor unions and to bargain collectively; no laws regulate trade union organization. The law neither provides for nor prohibits the right to strike, and the government has not addressed this issue. There is no law concerning antiunion discrimination. The government enforced the laws, and penalties were sufficient to deter violations.

There were no active labor unions or other employee organizations. The majority of businesses were small-scale, family-run enterprises employing relatives and friends.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced labor offenses include imprisonment and fines, which were sufficient to deter violations. The Office of the Attorney General, the Bureau of Public Safety, and the Bureau of Labor and Human Resources (all within the Ministry of Justice) are responsible for enforcing the law. The government did not effectively enforce the law.

There were reports employers forced some foreign workers, particularly domestic helpers, unskilled construction laborers, and workers in the tourism industry, to accept jobs different from those for which they had signed contracts and to accept less pay than stipulated in the contract. There were also reports of fraudulent recruitment onto fishing boats, with fishermen subsequently facing conditions indicative of forced labor. Employers sometimes verbally threatened, or withheld passports and return tickets from, foreign workers seeking to leave unfavorable work situations.

Abuses most commonly reported included misrepresentation of contract terms and conditions of employment, withholding of pay or benefits, and substandard food and housing. There were also complaints of physical abuse. In several cases local authorities took corrective action when alerted by social service and religious organizations.

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age of employment for citizens is 16, and the minimum age for noncitizens is 21, excluding entertainers applying for temporary identification certificates. The law prohibits all of the worst forms of child labor. The law requires the government to protect children from exploitation. The Bureau of Labor and Human Resources is responsible for enforcing child labor laws and regulations. The government effectively enforced the law, and the penalties were adequate to deter violations.

There were no reports children worked in the formal economy, but some assisted their families with fishing, agriculture, and small-scale family enterprises.

The constitution prohibits discrimination with respect to employment or occupation based on race, sex, marital status, place of origin, religion, disabilities, or political grounds. The law protects women from job discrimination and provides for equal pay for equal work. The Bureau of Aging and Gender, under the Ministry of Community and Cultural Affairs, promotes workplace gender equality. The law does not prohibit discrimination with respect to employment or occupation based on sexual orientation or gender identity, or HIV or other communicable disease status. There were no formal or documented reports of employment discrimination.

The government effectively enforced these laws. The Office of the Attorney General and the Bureau of Labor and Human Resources handle cases of workplace discrimination against foreign workers.

e. Acceptable Conditions of Work

The minimum wage (which applies only to citizens) is above the poverty line. The minimum wage does not apply to the informal sector, including, for example, domestic service, some categories of agricultural labor, and NGO work. It also does not apply to foreign workers, employees who are students, or temporary or probationary work by students and persons younger than 21.

The Bureau of Labor and Human Resources has established some regulations about conditions of employment for foreign workers, who are entitled to one day off per week, consisting of 10 continuous hours without working between 6 a.m. and 6 p.m. The bureau may inspect the conditions of the workplace and employer-provided housing on the specific complaint of an employee, but enforcement was inconsistent, and working conditions varied. There were continuing reports of the mistreatment of foreign workers by their employers. The foreign workers most likely to be abused were those who worked under contracts as domestic helpers, farmers, waitresses, cashiers, beauticians, hostesses in karaoke bars and massage parlors, construction workers, and other semiskilled workers, the majority of whom were from the Philippines, China, Bangladesh, Japan, and the Republic of Korea.

Although the law states that employers shall adopt reasonable and adequate occupational safety and health rules, no law protects workers who file complaints about hazardous conditions. Foreign workers may self-censor complaints due to fear they could lose their job if they removed themselves from situations that endangered health or safety.

The Division of Labor had seven labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards. The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. According to the law, employers are subject to a civil penalty for noncompliance with minimum wage requirements, in addition to the amount of taxes, social security contributions, and interest on unpaid wages. Penalties for violations of acceptable conditions of work rules include a range of monetary fines per violation and imprisonment, which were not sufficient to deter violations.

Investigations by an Immigration and Labor Monitoring Task Force resulted in the departure of some workers who had overstayed their visas, were working without permits, or were involved in unsolvable disagreements with their employer. The Division of Labor established an amnesty period for foreign workers lacking proper documentation to come forward and receive appropriate documentation. Approximately 50 workers took advantage of this option during the year.

The constitution and law provide for freedom of speech and press, and the government generally respected this right.

Freedom of Expression: Since 2015 individuals continued to be more willing to exercise the freedom to criticize the government with less fear of reprisal, such as harassment by police or the loss of jobs or contracts.

Press and Media, Including Online Media: Independent media outlets were active and expressed a wide variety of views without restriction. The law allows for independent radio and television but prohibits political parties and religious organizations from operating radio stations. The government funded two of the country’s four radio stations and one of its two television stations, but no longer controlled content.

Censorship or Content Restrictions: The law allows the minister of information technology to prohibit the broadcast of any material believed to be against the “national interest” or “objectionable.” The law also requires telecommunication companies to submit subscriber information to the government. Although authorities did not enforce the law, after more than 40 years of working in a controlled press environment, journalists continued to practice self-censorship. The high cost for requesting documents from the Land Registrar’s Office has the effect of limiting journalists’ access to information regarding land transactions, which are important documents when investigating existing and past corruption.

Actions to Expand Freedom of Expression, including for the media: In contrast with practice prior to 2018, President Faure’s press conferences were open to all media. During the elections of 2015 and 2016, the opposition accused the then state-controlled Seychelles Broadcasting Corporation (SBC) of biased reporting and coverage. A 2017 amendment to the SBC Act created a larger corporate board and provided for members of the public to apply for the position of CEO and deputy CEO. In 2018 the SBC was transformed from a state broadcaster to a public service broadcaster operating independently of state control.

The government did not restrict or disrupt access to the internet or censor online content and there were no reports that the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

The constitution and law provide for freedoms of peaceful assembly and association, and the government generally respected this right.

The law requires organizers of gatherings of 10 or more persons to inform the police commissioner five working days prior to the date proposed for the planned gathering. The police commissioner may impose conditions or deny the right to assemble on security, morality, and public safety grounds. There were several public demonstrations and marches during the year. Authorities did not restrict the holding of lawful opposition gatherings. During the year the National Assembly rejected a government proposal to restrict demonstrations to a specific area.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Nevertheless, the country cooperated with the Office of the UN High Commissioner for Refugees, which monitored and assisted refugees in the country through a memorandum of understanding with the UN Development Program.

Not applicable.

The law provides criminal penalties for conviction of corruption by officials, but due to the limited powers accorded to the Anti-Corruption Commission under the laws in place in the first part of the year, the government did not implement the law effectively. On August 5, the Anti-Corruption Act was amended to give the commission the same powers, authority, and privileges as that of a law enforcement agency to detect, prevent, investigate, and prosecute cases of corruption outside the purview of the Attorney General’s Office.

In 2018 an access to information law came into force. During the year the government appointed a CEO for the Seychelles Information Commission, and also appointed information officers in all ministries and departments. The law makes provisions on how citizens may access government information that is not classified sensitive for security and defense reasons, how agencies should respond to requests, mandates proactive disclosure and a duty to assist requestors, and defines information that is deemed classified for security and defense.

Corruption: There were no prosecutions during the year. Political wrangling prior to amendment of the Anti-Corruption Act over the commission’s powers and a small staff hindered anticorruption investigations. As of November the commission had 72 open cases. The commission received technical assistance from the EU.

Financial Disclosure: Government ministers, members of the National Assembly, and senior public servants and board members of government agencies and parastatals are required to declare their assets. Asset declarations may be made public if the information is needed for a court case or upon request to the ethics commissioner. The law was not always enforced.

Government officials were generally cooperative and responsive to the views of international and local NGOs. The Office of the Vice President has the responsibility to engage with NGOs. The government consulted NGOs on most issues of national concern and appointments to boards of national organizations and agencies. An umbrella organization grouping various NGOs, Citizens Engagement Platform, is the focal point for all NGO activities and receives funding from the government for projects and general operations, and the government regularly consulted it regarding the introduction of legislation.

Government Human Rights Bodies: The 2018 Seychelles Human Rights Commission Act provided for reform of the Human Rights Commission, allowing it to operate independently of the ombudsman’s office, in order to allow for a greater focus on human rights issues. On March 2, the five members of the commission were sworn in, including as chairman retired judge Bernadin Renaud, one of the most respected jurists in the country.

From September 11, the Truth, Reconciliation, and National Unity Commission began hearing cases of alleged human rights abuses. These cases included unlawful killings, disappearances, forced land acquisitions, and victimizations related to the 1977 coup. The commission has three years to conduct hearings on more than 100 registered cases. The commission may recommend compensation and refer crimes to the attorney general for prosecution.

Authorities rarely used the inquiry board (a police complaint office), but instead established independent inquiry commissions to examine security force abuses. Private attorneys generally filed complaints with police or published them in newspapers such as Today in Seychelles or in opposition party newspapers such as Seychelles Weekly and Le Seychellois Hebdo. Although respect for human rights was included as a core precept in police training, police stated the course was skeletal and did not comprehensively cover human rights.

Rape and Domestic Violence: Rape, spousal rape, and domestic abuse are criminal offenses for which conviction is punishable by up to 20 years’ imprisonment. Nevertheless, rape was a problem, and the government generally did not enforce the law effectively. Authorities in general did not prioritize domestic abuse cases and police were undertrained in handling sexual assault cases. Many victims did not report rape due social stigma and a reluctance to enter into lengthy court case.

Domestic violence against women was a widespread problem. There is no specific domestic violence law, although legislation has been under consideration for many years. Officials reported that through September courts heard 356 domestic violence cases, nine more than in the same period in 2018. A gender-based violence survey published in 2018 indicated that 58 percent of women had been assaulted, mainly by their partners, with one of 10 women having been raped. There were four homicides in January, all resulting from domestic disputes. Police rarely responded to domestic disputes, although media continued to draw attention to the problem.

The Family Squad–a special police unit that addresses domestic violence and other family problems–became part of the Criminal Investigation Unit during the year. The Social Affairs Division of the Ministry of Family Affairs as well as NGOs provided counseling services to victims of rape and domestic violence. The ministry’s Gender Secretariat conducted anti-gender-based violence outreach campaigns. In November 2018 the first shelter for victims of gender-based violence opened but was rarely used, due to a lack of procedure for admission and a no children policy.

Sexual Harassment: The law prohibits sexual harassment, but enforcement was rare. The penal code provides no penalty for conviction of sexual harassment, although the court may order a person accused of such conduct to “keep a bond of peace” that allows the court to assess a fine if the harasser fails to cease the harassment. In the workplace, the Employment Act states that an employer may not harass a worker.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although society is largely matriarchal, the law provides for the same legal status and rights for men as for women, including equal treatment under family, property, nationality, and inheritance laws. While unwed mothers traditionally bear the burden of supporting their children, the law requires fathers to support their children financially. The Employment Act, as amended in 2015, provides fathers with 10 days of paid paternity leave upon the birth of a child.

There was no officially sanctioned economic discrimination against women in employment, access to credit, equal pay for equal work, or owning or managing a business. Women were well represented in both the public and private sectors. Inheritance laws do not discriminate against women.

Birth Registration: Citizenship is derived by birth in the country or if born abroad from Seychellois parents, and births in the country were generally registered immediately. For additional information, see Appendix C.

Child Abuse: Although the law prohibits physical abuse of children, child abuse was a problem. According to NGOs, physical abuse of children was prevalent. The strongest public advocate for young victims was a semiautonomous agency, the National Council for Children. The law prohibits corporal punishment in schools.

Early and Forced Marriage: On October 22, the National Assembly set the minimum age for marriage at 18 for men and women and rescinded a provision that had permitted girls as young as age 15 to marry with parental consent. The president, however, had not signed the change into law by year’s end. Child marriage was not a significant problem.

Sexual Exploitation of Children: The penal code and other laws define a child as a person younger than age 18 and criminalize practices related to child pornography and the commercial sexual exploitation, sale, offering, and procurement for prostitution of children. The law provides for a sentence of up to 20 years’ imprisonment for conviction of producing or possessing child pornography, as well as for a first conviction of sexual assault on a child younger than age 15, and a minimum 28 years’ imprisonment for a second conviction within 10 years of the first conviction. The law prescribes penalties of up to 25 years’ imprisonment and a fine up to 800,000 Seychellois rupees ($59,000) for conviction of child trafficking. There were no credible reports of commercial sexual exploitation of children or of child pornography during the year.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered fewer than 10 persons. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Although the constitution and law provide for special protections for persons with physical, sensory, intellectual, and mental disabilities, including reasonable provisions for improving quality of life, no laws address access to public buildings, transportation, or government services, and the government did not provide such services. Unlike in previous years, employed persons with disabilities were paid their salaries in full. Most children with disabilities were segregated in specialized schools. The National Council for the Disabled, a government agency under the Ministry of Family Affairs, developed work placement programs for persons with disabilities, although few employment opportunities existed.

In 2016 consensual same-sex sexual activity between men was decriminalized. Same-sex sexual activity between women was never criminalized. There were few reports of discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although activists stated discrimination and stigma were common. LGBTI persons stated the government discriminated against them when applying for social housing.

There were no reports of violence or discrimination against persons with HIV/AIDS. Unlike in previous years, foreign citizens marrying a Seychellois were not required to undergo an HIV test. An independent National AIDS Council oversees all laws, policies, and programs related to HIV and AIDS.

The law allows all workers, excluding police, military, prison, and firefighting personnel, to form and join independent unions and to bargain collectively. The law confers on the registrar discretionary powers to refuse registration of unions. Strikes are illegal unless arbitration procedures are first exhausted. Legislation requires that two-thirds of union members vote for a strike in a meeting specifically called to discuss the strike, and it provides the government with the right to call for a 60-day cooling-off period before a strike starts. The law provides for the minister responsible for employment to declare a strike unlawful if its continuance would endanger “public order or the national economy.” Anyone found guilty of calling an illegal strike may be fined 5,000 Seychellois rupees ($370) and imprisoned for up to six months.

Between 15 percent and 20 percent of the workforce was unionized. The law prohibits antiunion discrimination. It does not specifically state the rights of foreign or migrant workers to join a union. The government has the right to review and approve all collective bargaining agreements in the public and private sectors. The law also imposes compulsory arbitration in all cases where negotiating parties do not reach an agreement through collective bargaining. In the Seychelles International Trade Zone (SITZ), the country’s export processing zone, the government did not require adherence to all labor, property, tax, business, or immigration laws. The Seychelles Trade Zone Act supersedes many legal provisions of the labor, property, tax, business, and immigration laws. The Employment Tribunal handles employment disputes for private-sector employees. The Public Services Appeals Board handles employment disputes for public-sector employees, and the Financial Services Agency deals with employment disputes of workers in SITZ. The law authorizes the Ministry of Employment, Immigration, and Civil Status to establish and enforce employment terms, conditions, and benefits, and workers frequently obtained recourse against their employers through the ministry or the employment tribunal.

The government did not effectively enforce applicable laws. Penalties levied came in the form of fines and were often inadequate to deter violations. Cases involving citizens were often subject to lengthy delays and appeals, while foreigners were often deported.

The government effectively enforced the law and respected the right to participate in union activities and collective bargaining. The International Labor Organization continued to report insufficient protection against acts of interference and restrictions on collective bargaining. It urged the government to review provisions of the Industrial Relations Act concerning trade union registration and the right to strike. The law allows employers or their organizations to interfere by promoting the establishment of worker organizations under their control. Collective bargaining rarely occurred.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but government enforcement was ineffective. Penalties levied for violations were not sufficient to deter violations. Resources, inspections, and remediation were also inadequate. There were credible reports that forced labor occurred in the fishing, agriculture, and construction sectors, where most of the country’s nearly 19,000 migrants worked. Two cases of forced labor were prosecuted under the Employment Act and two cases under the 2014 Prohibition of Trafficking in Persons Act. There were several reports by the Association of Rights Information and Democracy concerning cases of forced labor, appalling living conditions, and nonpayment of salaries.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and states the minimum age for employment is 15, “subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals, or education.” The law notes working in a family-owned shop as an example of “light work.” The law establishes a minimum age of 15 for hazardous work and defines what constitutes hazardous work. The law, however, does not provide for children performing hazardous work to receive adequate training or protect their health and safety in accordance with international standards.

The Ministry of Employment, Immigration, and Civil Status effectively enforced child labor laws. The penalty for employing a child younger than age 15 was sufficient to deter violations. The ministry handled such cases but did not report any case requiring investigation during the year.

See the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

Labor laws and regulations prohibit discrimination based on race, age, gender, color, nationality, language, religion, disability, HIV status, sexual orientation, or political or professional association.

The government effectively enforced these laws and regulations. Penalties levied came in the form of fines and were sufficient to deter violations.

Employment discrimination generally did not occur. Women received equal pay for equal work, as well as equal access to credit, business ownership, and management positions.

e. Acceptable Conditions of Work

The government set mandatory minimum wage rates for employees in both the private and public sectors. The minimum wages were above the poverty line.

The legal maximum workweek varied from 45 to 55 hours, depending on the economic sector. Regulations entitled each full-time worker to a one-hour break per day and a minimum of 21 days of paid annual leave, including paid annual holidays. Regulations permitted overtime up to 60 additional hours per month. The law requires premium pay for overtime work.

The Ministry of Health issues comprehensive occupational health and safety regulations that are up-to-date and appropriate for the main industries. The law allows citizen workers to remove themselves from dangerous or unhealthy work situations, to report the employer to the Health and Safety Commission of the Department of Employment, and to seek compensation without jeopardizing their employment. The law provides for the protection of foreign workers.

The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties levied were not sufficient to deter violations.

The Ministry of Health and the Department of Employment are responsible for visiting and inspecting worksites and workers’ accommodations. There were 13 safety and health inspectors in the country, an insufficient number to enforce compliance with health and safety laws.

Foreign workers, primarily employed in the construction and commercial fishing sectors, did not always enjoy the same legal protections as citizens. Companies in SITZ at times paid foreign workers lower wages, delayed payment of their salaries, forced them to work longer hours, and provided them with inadequate housing, resulting in substandard conditions.

In 2017 there were 84 occupational accidents reported. These accidents occurred most frequently in the accommodation and food services sector, transport, and storage industries.

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system generally combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, although some self-censorship occurred.

Censorship or Content Restrictions: Media outlets reported on political developments and high-profile court cases, but privately owned media exercised self-censorship regarding high-profile individuals. The board of state-owned Tonga Broadcasting Commission (TBC) directed that board-appointed censors review all TBC programming prior to broadcast.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Workplaces and internet cafes provided internet access, but most homes did not have internet access.

There were no government restrictions on academic freedom or cultural events.

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection to refugees, asylum seekers, stateless persons, or other persons of concern.

Access to Asylum: The law does not provide for the formal granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The principal immigration officer has wide discretionary powers under immigration laws and may allow noncitizens to remain in the country, including on humanitarian grounds.

Not applicable.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were reports of government corruption during the year.

Corruption: In September the Attorney General’s Office submitted a proposal for a joint trial of former prime minister Lord Tu’ivakano, arrested in March 2018, and two others on charges including passport offenses, money laundering, and bribery in connection with the issuance of a passport to a Chinese national and possibly other matters. The defense opposed the submission by the Attorney General’s Office to include all charges in one trial. The case was pending as of year’s end.

The Office of the Auditor General reports directly to the Legislative Assembly with the aim to enhance accountability and transparency in all government activities and improve public-sector performance. The Office of the Ombudsman is empowered to investigate official corruption. Both entities actively collaborated with other government agencies but were not considered by civil society groups to be independent of political control, operationally efficient, or sufficiently resourced.

Financial Disclosure: No law requires income and asset disclosure by appointed or elected officials.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views. The Office of the Ombudsman oversees the rights of every citizen in the country, including members of the public service and vulnerable members of society such as women, children, prisoners, and persons with disabilities.

Rape and Domestic Violence: Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape. The law makes domestic violence a crime punishable by a maximum of 12 months in prison, a fine of Tongan pa’anga (TOP) 2,000 ($860), or both. Repeat offenders face a maximum of three years in prison or a maximum fine of TOP 10,000 ($4,300). The law provides for protection from domestic violence, including protection orders; clarifies the duties of police; and promotes the health, safety, and well-being of domestic-violence victims.

Police investigated reported rape cases, and the government prosecuted these cases under the law. In February, for example, two male teenagers were sentenced to seven and eight years, respectively, for raping a woman. The police domestic-violence unit has a “no-drop” policy in complaints of domestic assault, and once filed, domestic-violence cases cannot be withdrawn and must proceed to prosecution in the magistrates’ courts. The Ministry of Police, local communities, churches, youth groups, other nongovernment organizations (NGOs), and the Women and Children Crisis Center (WCCC) have conducted more than 12 training programs for government agencies and civil society groups on issues such as human rights, child abuse, sexual harassment, violence against women, and domestic violence.

As of June, 95 percent of the total cases received by the WCCC in 2019 were victims of domestic violence. Police worked with the National Center for Women and Children as well as with the WCCC to provide shelter for abused women and girls and boys younger than 14 years. Both centers operated a safe house for victims. The WCCC reported a decline in sexual abuse cases involving teenagers ages 14 to 16.

Sexual Harassment: Sexual harassment is not a crime under the law, but physical sexual assault can be prosecuted as indecent assault. Complaints received by the police domestic-violence unit indicated that sexual harassment of women is a common problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Inheritance laws, especially those concerned with land, discriminate against women. Women can lease land, but inheritance rights pass through male heirs only; a male child born out of wedlock has precedence over the deceased’s widow or daughter. If there are no male relatives, a widow is entitled to remain on her husband’s land as long as she does not remarry and remains celibate. The inheritance and land rights laws also reduced women’s ability to access credit and to own and operate businesses.

Discrimination against women with respect to employment and wages occurred (see section 7.d.).

Birth Registration: Individuals acquire citizenship at birth automatically if at least one parent is a citizen. Birth in the country per se does not confer citizenship.

Education: Education to age 18 is compulsory but not, by law, free. There is a policy, however, that provides free education to all children between the ages of six and 14.

Child Abuse: There are laws against child abuse. If a case is reported to police, the child is removed from the parents or guardians and placed in the care of either the WCCC or the National Center for Women and Children while police investigate. The WCCC implemented a variety of child-abuse awareness programs at schools from primary to tertiary levels.

Early and Forced Marriage: The legal minimum age for marriage is 15 years. According to NGOs, child marriages were a result of several factors, including parental pressure, teenage pregnancy, or forced marriage to rapists.

Sexual Exploitation of Children: The minimum age for consensual sex is 15. Violators who sexually abuse children may be charged with “carnal knowledge of a child under age 12,” which carries a maximum penalty of life in prison, or “carnal knowledge of a child under 15,” which carries a maximum penalty of five years in prison. There were anecdotal reports of Tongan children being subjected to sex trafficking. The law prohibits the procurement of women and girls younger than age 21 for commercial sexual exploitation but does not criminalize the procurement of boys for the same. The law also prohibits child pornography with penalties of a maximum fine of TOP 100,000 ($43,000) or a maximum of 10 years in prison for individuals and a maximum fine of TOP 250,000 ($108,000) for corporations; however, the use of children younger than age 14 in the production of pornography is not criminally prohibited.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known resident Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution broadly prohibits discrimination based on disability, but no laws specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. There were no legally mandated services or government programs for adults with disabilities, including for building accessibility or access to communications and information.

A Ministry of Education and Training program to bring children with disabilities into primary schools continued during the year. Many school buildings, however, were not accessible to students with physical disabilities, and attendance rates of children with disabilities at all educational levels were lower than those of students without disabilities.

As of September the National Council on Disability and the Ministry of Internal Affairs had implemented a program to provide financial assistance to disabled individuals. The Ministry provides 1,043 qualifying persons TOP 75 ($32) monthly.

The law restricts ownership and operation of retail food stores to citizens. Ethnic Chinese who are naturalized Tongan citizens dominated the retail sector in many towns. There were reports of crime and societal discrimination directed at members of the Chinese minority, but the government appropriately investigated and prosecuted reported offenses.

Sodomy is listed as a crime with a maximum penalty of 10 years in prison, but there were no reports of prosecutions under this provision for consensual sexual conduct between adults. No law specifically prohibits discrimination based on sexual orientation or gender identity or addresses hate crimes. No criminal-justice mechanisms exist to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, or intersex individuals. Society accepted a subculture of transgender dress and behavior, and a prominent NGO’s annual festival highlighted transgender identities. Social stigma or intimidation may have prevented reporting of incidents of violence or discrimination.

There were no reports of discrimination or violence against persons based on HIV/AIDS status, but social stigma or intimidation may have prevented reporting of incidents of discrimination or violence.

The law provides for the right to form and join independent unions, but the government has not promulgated regulations on the formation of unions, collective bargaining, or the right to strike. No law specifically prohibits antiunion discrimination or provides for reinstatement of workers fired for union activity. There was no dispute resolution mechanism in place specifically for labor disputes, although persons could take cases to court or refer cases to the Office of the Ombudsman. There were no reports of collective bargaining.

Penalties for legal violations incur criminal fines, which are not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government and employers generally respected freedom of association. Trade unions and a variety of other worker associations exist. For example, the Friendly Islands Teachers Association and the Tonga Nurses Association were legally incorporated as civil society organizations, and the Friendly Island Seafarer’s Union Incorporated was affiliated with the International Transport Workers Federation. The Public Service Association acted as a de facto union representing all government employees.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor. The government effectively enforced the law. Penalties are sufficient to deter violations. No data was available on government efforts specifically to address forced labor. There were unconfirmed, anecdotal reports of forced labor among women and children in domestic service (see section 7.c.).

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

No legislation prohibits child labor or specifies a minimum age for employment. There were no reports that child labor existed in the formal wage economy. According to the National Center for Women and Children and other NGOs, some school-age children worked in the informal sector in traditional family activities such as subsistence farming and fishing.

The law does not meet the international standard for the prohibition of child trafficking because it does not specifically prohibit the domestic trafficking of children, nor does it criminally prohibit forced labor, debt bondage, and slavery, unless they involve transnational human trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

The law does not prohibit discrimination based on any particular personal characteristic, feature, or group affiliation. Discrimination against women in employment and wages occurred. Women participated in the work force at a lower rate than men, were generally employed in lower-skilled jobs, and earned measurably less than men earn.

e. Acceptable Conditions of Work

There is no minimum wage, but the Ministry of Commerce, Consumer, Trade, Innovation, and Labor sets wage-level guidelines. The law stipulates occupational health and safety standards for each sector, such as fisheries and agriculture. These standards are current and appropriate for main industries, and penalties for violating them were sufficient to deter violations. The government did not effectively enforce the law. Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

The law does not provide for overtime pay for a workweek of more than 40 hours, but some employers, including some government offices, did pay their workers overtime.

Enforcement of regulations was inconsistent. The Ministry of Commerce, Consumer, Trade, Innovation, and Labor sought to enforce these standards in all sectors, including the informal economy; however, there were an insufficient number of inspectors. Penalties for violations took the form of monetary fines, which were adequate to deter violations.

Few industries exposed workers to significant danger.

Although the constitution and law provide for freedom of expression, including for the press, it has provisions that permit restrictions of these fundamental rights and freedoms in certain circumstances. In particular, Article 22(3) allows the restriction of freedom of expression in the interests of national defense, public safety, public order, and public health, or for the purpose of protecting the reputations, rights, and freedoms of others and maintaining the authority and independence of the courts. Based on these provisions, the government can restrict these freedoms using subsidiary laws such as the penal code, Public Order Act, Preservation of Public Security Act, and Emergency Powers Act.

Freedom of Expression: The government remained sensitive to criticism in general, particularly by the political opposition and civil society, and restricted the ability of individuals to criticize it freely or discuss matters of general public interest. In December 2018 the Supreme Court convicted and sentenced New Vision newspaper editor Derrick Sinjela to 18 months’ imprisonment for contempt of court for his public criticism of senior judges’ handling of the Savenda v. Stanbic case. President Lungu pardoned Sinjela in November. Gregory Chifire, director of the Southern Africa Network against Corruption, whom the court had convicted and sentenced to six years’ imprisonment in November 2018 for similar charges, remained in exile at year’s end.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, but not without some restrictions. The government published two of the country’s four most widely circulated newspapers. One of the two privately owned newspapers opposed the ruling PF party, while the other supported the party and the government. Opposition political parties and civil society organizations contended government-run media failed to report objectively. Although state media covered government-sponsored and nongovernmental events, coverage was not fair; state media did not educate and inform citizens in an objective, balanced, and clear way, civil society organizations reported.

In addition to a multichannel government-controlled radio station that broadcasts nationwide, 73 private and community radio stations broadcast locally. Some radio stations experienced political pressure. Although some local private stations broadcast call-in and other talk programs on which diverse and critical viewpoints were expressed freely, media bodies claimed journalists who appeared on such programs received threats from senior government officials and politicians if seen as too critical. Independent, private media outlets also often received threats from the government for providing airtime to the opposition. For example, on April 30, a group of PF supporters, locally known as “cadres,” attacked opposition National Democratic Congress (NDC) leader Chishimba Kambwili in Kabwe during a live radio broadcast on Power FM radio station, disrupting the program and damaging property as they forcibly entered the station.

According to media watchdog organizations, independent media did not operate freely due to restrictions imposed by government authorities. Police reportedly did not sufficiently investigate journalists’ assault cases, and some media houses were threatened with closure for unfavorable or insufficient coverage of the president. On several occasions, police used force to interrupt broadcasts.

Violence and Harassment: While the government broadly tolerated negative articles in newspapers and magazines, there were numerous reports of government, ruling party, and some opposition officials and supporters physically and verbally attacking or threatening journalists. For example, on May 1, a group of PF “cadres” forcibly entered Radio Maria, a Roman Catholic-run station in Chipata, Eastern Province. They harassed journalists and threatened to burn down the station for featuring a rival candidate for provincial leadership. President Lungu condemned the attack and ordered police to arrest perpetrators; authorities later arrested two PF members. Involved parties later resolved the matter outside of court, and authorities released the arrested individuals.

Censorship or Content Restrictions: The government remained sensitive to media criticism and indirectly censored publications or penalized publishers. Numerous media watchdog organizations reported that harassment and arrest of journalists, threats by the government to introduce punitive legislation against media personnel, restriction of their access to public places, and undue influence, among other restrictions, compromised media freedom and resulted in self-censorship. For example, on March 4, the government Independent Broadcasting Authority (IBA) suspended private media Prime TV’s broadcasting license for almost a month, for alleging the station had failed to comply with IBA regulations. The IBA investigated the station after ruling PF Party Secretary General Davies Mwila accused Prime TV of “biased coverage and unethical reporting” and insufficient coverage of ruling party events during a parliamentary by-election. The IBA concluded that Prime TV, which at times showed programing critical of the government, had “exhibited unprofessional elements in its broadcasting through unbalanced coverage, opinionated news, material likely to incite violence, and use of derogatory language.” The IBA recommended that Prime TV should conduct in-house journalism ethics training and news writing for its journalists during the period of suspension.

Libel/Slander Laws: The government and individual public figures used laws against libel, slander, or defamation against critics to restrict public discussion or retaliate against political opponents. The government also often used sedition laws against those critical of the government. For example, on March 23, police arrested and charged opposition Patriots for Economic Progress leader Sean Tembo with defamation of the president after Tembo alleged on social media that President Lungu was possibly suffering from a mental illness that led him to make “irrational national decisions,” such as purchasing a new presidential jet. The charges remained pending at year’s end.

Although government generally did not restrict access, and individuals and groups could freely express their views via the internet, the government threatened individuals using online fora with arrest and online media with closure. On August 14, the Wall Street Journal alleged that a government cybercrime “crack” squad intercepted encrypted communications and used mobile phone data to track some opposition bloggers who had repeatedly criticized President Lungu. Senior ruling party officials dismissed the allegation as “fake news.”

Government restrictions on academic freedom and cultural events continued. For example, on August 13, police blocked PF presidential contender Kelvin Bwalya Fube from addressing students at “an entrepreneurship and academic motivational talk” organized by the Student Impact and UNZA Sociology Association.

Although there were no reports of censorship of academic teaching, writing, or research, university staff working in management had little autonomy to manage their institutions without government interference. In a letter dated September 4, the UNZA Lecturers and Researchers Union advised Higher Education Minister Brian Mushimba against interfering in the affairs of public universities and urged him to leave the running of the institutions to university managements and councils.

There were restrictions on artistic presentations or other cultural activities, including music lyrics and theatrical performances. For example, authorities banned the music of hip-hop artist Fumba Chama, professionally known as “Pilato,” on the Zambia National Broadcasting Corporation and other state media. Private radio stations continued to play his music, except for two of his songs that criticized the president.

The government at times restricted peaceful assembly, while generally respecting freedom of association.

The constitution provides for freedom of peaceful assembly; however, the government at times restricted this right, and police and progovernment groups disrupted meetings, rallies, and other activities of opposition political parties and civil society organizations. While authorities allowed protests and rallies, police at times delayed authorization or forced organizers to hold events at less favorable locations and times, especially for opposition party events or events seen as critical of the government. On November 3, police rescinded authorization for a Democratic Party rally in Samfya after initially granting it. Police later used tear gas to disperse a crowd that had gathered despite the revocation.

The Public Order Act requires political parties and other groups to notify police in advance of any rallies but does not require a formal approval or permit. In 1995 the Supreme Court declared provisions in the act that previously gave police the power to regulate assemblies, public meetings, or processions unconstitutional. Police, however, continued to disregard this landmark ruling and stopped opposition and civil society groups from holding public gatherings. For example, on August 6, police arrested and charged 27 UPND members in Kitwe for unlawful assembly. According to the newspaper Zambia Daily Mail, the members had gathered for a political meeting without notifying police as required by law. UPND officials claimed the meeting took place in a private residence; authorities released all the arrestees after they paid an “admission of guilt” fine. On September 24, police blocked opposition UPND leader Hakainde Hichilema’s visit to the town of Kafue, where he intended to visit local residents experiencing food insecurity, despite Hichilema having notified authorities under the Public Order Act.

The constitution provides for freedom of association. While the government generally respected the right to freedom of association, it placed some limits on this right through various mechanisms. For example, although it generally went unenforced, the NGO Act requires all organizations to apply for registration from the registrar of societies. The registration process is stringent, long, and gives the registrar considerable discretion. The law also places restrictions on funding from foreign sources. For this reason, donors, including some UN agencies, required all organizations to register under the NGO Act before receiving funding. According to the Southern African Center for the Constructive Resolution of Disputes, uncertainties surrounding the implementation of the NGO Act and NGO policy affected the operations of civil society organizations.

Despite these restrictions, the government liberally allowed civil society organizations to hold meetings in which they criticized it.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The government intermittently restricted freedom of internal movement for internally displaced persons, refugees, and stateless persons. Although police generally used roadblocks to control criminal activity, enforce customs and immigration controls, check drivers’ documents, and inspect vehicles for safety compliance, there were reports police used such interventions to limit participation in political gatherings, especially during parliamentary and local government by-elections.

There were not large numbers of internally displaced persons. The government promoted the safe resettlement of the few groups displaced for construction or other government-sanctioned activities.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: According to the Office of the UN High Commissioner for Refugees (UNHCR) in October, sexual and gender-based violence (SGBV) remained the greatest protection risk in refugee locations, both urban and camp settings. Authorities provided some physical protection, including by the provision of temporary police posts, but efforts were insufficient. UNHCR supported government efforts with counselling services, access to medical facilities, and access to justice for survivors of SGBV. The most commonly reported forms of SGBV included sex in exchange for basic needs, rape, sexual harassment, and underage marriage. Gender inequality, lack of livelihood opportunities, substance abuse, and impunity of perpetrators were among the key structural causes.

The government cooperated with UNHCR, the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. According to UNHCR, although the law provides for the granting of asylum, it also gives the minister of home affairs wide discretion to deport refugees without appeal or to deny asylum to applicants holding asylum from other countries or those coming from stable democratic states. The government was responsible for conducting refugee status determinations.

Freedom of Movement: Zambia has made a number of reservations to the 1951 Convention relating to the Status of Refugees, including the freedom of movement. For example, the established encampment policy requires recognized refugees to reside in one of three designated refugee settlements. Only refugees who have received a permit for work, study, health, or protection reasons can legally stay in urban areas. Refugees in the settlements can obtain passes to leave the settlements for up to 60 days, but police officers’ unfamiliarity with different permits and passes put them at risk of administrative detention.

Employment: The law requires refugees to obtain work permits before they can engage in employment, including self-employment activities. Issuance of employment permits is subject to normal immigration procedures, including the application of a government policy that requires the immigration department to ascertain that there is no Zambian citizen who can perform the job.

Access to Basic Services: The government provided basic social services, including education, housing, and health care to refugees without discrimination. The government provided primary and secondary education in refugee settlements, and secondary school for refugees living in urban areas, but required a study permit and the payment of school fees.

Durable Solutions: The government promoted safe, voluntary return, resettlement, and local integration of refugees and stateless persons. According to the government’s Office of the Commissioner for Refugees, 210,000 refugees–mainly from Angola, Mozambique, and Democratic Republic of Congo (DRC)–over time voluntarily returned to their countries of origin as conflicts there waned. The Ministry of Home Affairs and the Office of the Commissioner for Refugees reported that of 20,000 Angolan and 4,000 Rwandan refugees accepted for naturalization, the government issued residence permits to more than 3,000 and offered them land in a local resettlement and integration program. Delayed passport issuance for both Angolans and Rwandans by their respective nations’ diplomatic and consular representatives kept several thousand in legal limbo.

In a joint effort by the government, UNHCR, and international and local NGOs, settlement areas in Mantapala, Mayukwayukwa, and Meheba provided refugees from the DRC an opportunity to settle permanently in Zambia. Refugees were provided land for agricultural use as well as space for housing near social services. The areas also include already established villages as a way to promote local integration of refugees.

Temporary Protection: The government provided protection to 4,179 individuals who may not qualify as refugees from January 1 to September 30, and the recognition rate of asylum claims was high. Those rejected could appeal via the Ministry of Home Affairs. The government continued to provide temporary protection to stateless persons.

According to UNHCR, the country has no provision for maintaining statistical information regarding stateless persons. The Ministry of Home Affairs reported a relatively small number of undocumented habitual residents–mainly hunters and gatherers– were integrated into local rural communities following the destruction of their natural habitat due to development activities. The government was in the process of issuing them national identity documents. The Department of Disaster Management and Mitigation Unit, under the Office of the Vice President, assists stateless persons.

The law provides criminal penalties for officials convicted of corruption, and the government attempted to enforce the law but did not do so consistently. Officials often engaged in corrupt practices with impunity. Although the government collaborated with the international community and civil society organizations to improve capacity to investigate and prevent corruption, anticorruption NGOs observed the enforcement rate among senior government officials and in the civil service was low.

According to Transparency International (TI) Zambia, the average conviction rate for those prosecuted for corruption was 10 to 20 percent. The government did not effectively implement penal laws against corrupt officials but selectively applied anticorruption law to target opposition leaders or officials that fell afoul with it. TI Zambia further reported that officials frequently engaged in corrupt practices with impunity.

Corruption: There were numerous cases of serious corruption involving government officials. For example, on May 31, the Financial Intelligence Centre reported that money laundering and suspicious transactions in 2018 increased to 6.1 billion Zambian kwacha ($520 million), up from 4.5 billion Zambian kwacha ($382 million) in 2017.

The case against former minister of community development and social services Emerine Kabanshi, dismissed for alleged misuse of donor funds meant for social cash transfer programs, continued at year’s end.

Financial Disclosure: The law only provides for income and asset disclosure by a small fraction of political officeholders and public servants. Although the Anti-Corruption Act requires certain officers of the Anti-Corruption Commission to disclose their assets and liabilities prior to taking office, it does not apply to other public officials. Under the Electoral Process Act, only presidential and vice presidential candidates are required to declare their assets and liabilities. Conviction for false declaration is punishable by seven years’ imprisonment without the option of a fine. Some government institutions, such as the Zambia Revenue Authority, maintained integrity committees to enhance asset disclosure mechanisms within the workplace. In several other institutions, asset disclosure requirements were vague or inadequately enforced.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were not always cooperative or responsive to views critical of the government. For example, officials at the Ministry of Mines and Minerals Development sought to impede release of a Human Rights Watch (HRW) report that criticized some elements of the government’s response to lead pollution in a densely populated area surrounding a former lead mine. After numerous attempts to work with the government on a joint launch of the findings, HRW eventually decided to release the report outside the country.

Government Human Rights Bodies: The HRC is an independent body established by the constitution to contribute to the promotion and protection of human rights. The HRC monitored human rights conditions, interceded on behalf of persons whose rights it believed the government denied, and spoke on behalf of detainees and prisoners. The HRC and independent human rights committees across the country enjoyed the government’s cooperation without substantial political interference.

Rape and Domestic Violence: The law criminalizes rape and other sexual offenses, and courts have discretion to sentence convicted rapists to life imprisonment with hard labor.

The Anti-Gender-Based Violence Act does not have provisions for spousal rape. The penal code criminalizes domestic violence between spouses and among family members living in the same home. The law provides for prosecution of most crimes of gender-based violence, and penalties for conviction range from a fine to 25 years’ imprisonment, depending on the severity of injury and whether a weapon was used. The law provides for protection orders for victims of domestic and gender-based violence, and such orders were issued and enforced. Despite this legal framework, rape remained widespread. Although the law criminalizes rape and domestic violence, the government did not always consistently enforce the law.

To address the problem of gender-based violence, the government engaged traditional marriage counselors on gender-based violence and women’s rights in collaboration with NGOs. The Young Women’s Christian Association (YWCA) also continued its “good husband” campaign and, in collaboration with other women’s movements, the “I Care about Her” campaign to promote respect for women and to end spousal abuse. The government and YWCA worked to address these problems through community sensitizations, shelters, toll-free lines, and one-stop centers where victims accessed counseling and legal support services. The Victim Support Unit under the police, staffed with trained personnel, supplemented these efforts. Other efforts to combat and reduce gender-based violence included curriculum development for training of police officers, roadshows to sensitize the public to gender-based violence, and instruction on how to file complaints and present evidence against perpetrators.

A gender-based violence information management system in the government Central Statistics Office strengthened monitoring and reporting of cases of gender-based violence. The system, which allows for effective and comprehensive reporting of gender-based violence and improved support, including legal services, social, economic, and overall national planning, led to an increased number of reported cases.

Human rights-focused NGOs observed that the country’s dual system of customary and statutory law made it difficult to combat and deter injustices against women.

Female Genital Mutilation/Cutting (FGM/C): Although the law prohibits FGM/C for women and girls, FGM/C was common. Human rights-focused NGOs reported that the practice of pulling of the labia, a type of FGM/C intended to elongate the labia, is widely practiced. There were, however, indications the incidence rate was declining, especially in urban areas.

Sexual Harassment: Sexual harassment was common, but the government took few steps to prosecute harassment during the year. Although the penal code contains provisions under which some forms of sexual harassment of women may be prosecuted, the provisions are inadequate to protect women effectively from sexual harassment. The Non-Governmental Coordinating Council received many reports of sexual harassment in the workplace but noted stringent evidence requirements often prevented victims from filing charges against their harassers. Family pressure on victims to withdraw complaints–especially when perpetrators were also family members–also hampered prosecution.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: In contrast to customary law, the constitution and other laws provide for the same legal status and rights for women as for men, including under family, labor, property, and nationality laws. The government did not adequately enforce the law, and women experienced discrimination. For example, customary land tenure and patriarchal systems discriminate against women seeking to own land. This situation restricts women’s access to credit as they lack collateral, which land ownership provides.

Birth Registration: Citizenship is derived from one’s parents or, with the exception of refugees, by birth within the country’s territory. Birth registration was neither denied nor provided on a discriminatory basis. Failure to register births did not result in the denial of public services, such as education or health care, to children, and there were no differences in birth registration policies and procedures between girls and boys. Both state and nonstate institutions accepted alternative documents to access other basic services. For additional information, see Appendix C.

Education: Although the Education Act and education policy provides for free and compulsory education for children of “school-going age,” the act neither sets a specific age nor defines what is meant by “school-going age.” This may leave children particularly vulnerable to child labor (see section 7.b.). The numbers of girls and boys in primary school were approximately equal, but fewer girls attended secondary school. According to UNICEF, girls tended to leave school at younger ages than did boys because of early marriage or unplanned pregnancies.

Child Abuse: The punishment for conviction of causing bodily harm to a child is five to 10 years’ imprisonment, and the law was generally enforced. Beyond efforts to eliminate child marriage, there were no specific initiatives to combat child abuse.

Early and Forced Marriage: The legal age of marriage is 16 for boys and girls with parental consent and 21 without consent. There is no minimum age under customary law. In 2017 according to UNICEF, 31 percent of girls were married by age 18 and 6 percent by age 15. UNICEF reported child marriage was largely between peers, rather than forced. According to the YWCA and other NGOs, however, early and forced marriages were prevalent, particularly in rural areas. The government adopted a multisectoral approach to stop child marriage, which included keeping children in school, creating re-entry policies for girls who become pregnant, and strengthening the role of health centers for sexual reproductive health. These efforts were articulated by the national strategy to end child marriages launched in 2017. Other efforts by the government and other nonstate actors included community sensitization and withdrawing children from child marriages, supported by several traditional leaders.

The government, parliamentarians, civil society organizations, and donors worked together to fight early and forced marriages. The Ministries of Chiefs and Traditional Affairs; Gender; and Youth, Sport, and Child Development, in collaboration with traditional leaders, NGOs, diplomatic missions, and other concerned persons, increasingly spoke out against early and forced marriages. Some leaders nullified forced and early marriages and placed the girls removed from such marriages in school. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sexual relations is 16. The law provides penalties of up to life imprisonment for conviction of statutory rape or defilement, which the law defines as the unlawful carnal knowledge of a child younger than age 16. The minimum penalty for a conviction of defilement is 15 years’ imprisonment.

The law criminalizes child prostitution and child pornography and provides for penalties of up to life imprisonment for convicted perpetrators. The law provides for prosecution and referral to counseling or community service of child prostitutes age 12 years and older, but authorities did not enforce the law, and child prostitution was common. According to UNICEF, transactional sexual exploitation of young girls–that is, sex in exchange for food, clothes, or money among extremely vulnerable girls–was prevalent.

Displaced Children: UNICEF reported that of the 10,592 refugees registered at the Mantapala resettlement in Luapula Province, 6,250 were younger than age 18. According to UNHCR and UNICEF, as of April there were 1,001 unaccompanied and separated children among registered Congolese refugees, and the government provided them with appropriate services.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were fewer than 500 persons in the Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities in employment, education, transportation, access to health care, and the provision of other government services. The enactment of the Mental Health Act in April updated the legal framework by repealing the antiquated Mental Disorders Act, establishing the Mental Health Council, and giving effect to certain provisions of the UN Convention on the Rights of Persons with Disabilities and other regional and international instruments.

Despite this progressive step, the Zambia Agency for Persons with Disabilities (ZAPD) reported the government did not consistently enforce its law due to insufficient funding for disability programs. ZAPD reported the police and other government institutions did help prevent violence against persons with disabilities by investigating allegations of violence. For example, in late 2018 authorities arrested, convicted, and imprisoned a man reportedly for raping a disabled girl in Kawambwa.

The Ministry of Community Development and Social Services oversees the government’s implementation of policies that address general and specific needs of persons with disabilities in education, health care, accessibility to physical infrastructure, and electoral participation.

A lack of consolidated data was a major impediment to the inclusion of persons with disabilities in government programming and policy. Persons with disabilities had limited access to education and correspondingly low literacy levels. While the government did not restrict persons with physical or mental disabilities from voting or otherwise participating in most civic affairs, progress in providing for their participation remained slow. Persons with disabilities also faced significant societal discrimination in employment and education.

By law the government must provide reasonable accommodation for all persons with disabilities seeking education and provide that “any physical facility at any public educational institution is accessible.” Public buildings, including schools, prisons, and hospitals, rarely had facilities to accommodate disabled persons. Five schools were designated for children with disabilities. Some children with physical disabilities attended mainstream schools, but long distances to school restricted others from accessing education. According to ZAPD, there were three types of education systems accessible to children with disabilities: segregated education (special schools), integrated education (special units), and inclusive education. The majority of children with disabilities attended special schools, while the rest attended special units. There were 150 schools practicing inclusive education in selected provinces during the year. The government also developed and promoted employment recruitment strategies for disabled persons seeking to enter the civil service and provided university study grants to disabled students.

There are seven major ethnic and language groups–Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga–and 66 smaller ethnic groups, many of which are related to the larger tribes. The government generally permitted autonomy for ethnic minorities and encouraged the practice of local customary law. Some political parties maintained political and historical connections to tribal groups and promoted their interests. Trends towards regionalism and tribalism that marred the 2016 general election contributed to divisions among tribal groups.

The government grants special recognition to traditional leaders nationwide. It does not recognize the 1964 Barotseland Agreement that granted the Lozi political autonomy and was signed by the United Kingdom, Northern Rhodesia, and the Barotse Royal Establishment immediately prior to the country’s independence. Some Lozi groups continued to demand official recognition of the Barotseland Agreement, while others pushed for independence from the rest of the country.

The law criminalizes consensual same-sex sexual activity, and penalties for conviction of engaging in “acts against the order of nature” are 15 years’ to life imprisonment. Conviction of the lesser charge of gross indecency carries penalties of up to 14 years’ imprisonment. During the Universal Periodic Review held in 2017 in Geneva, the government rejected calls to recognize and protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. On September 26, while attending the 74th Session of the UN General Assembly in New York, President Lungu reiterated that LGBTI rights “cannot be replicated in Zambia because they are a taboo” to local culture. The government enforced laws against same-sex sexual activity and did not address societal discrimination against LGBTI persons. By year’s end, four individuals were serving time in prison for reasons related to their sexual orientation, up from three at the end of 2018. This included two individuals convicted of same-sex sexual conduct by the Kapiri Mposhi Magistrates Court in August 2018. On November 27, the Lusaka High Court upheld their conviction and imposed the 15-year minimum sentence.

Societal violence against persons based on gender, sex, and sexual orientation occurred. LGBTI persons in particular were at risk of societal violence due to prevailing prejudices, misperceptions of the law, lack of legal protections, and inability to access health-care services. Most politicians, media figures, and religious leaders expressed opposition to basic protection and rights for LGBTI persons in arguing against same-sex marriage.

According to LGBTI advocacy groups, societal violence against LGBTI persons occurred, as did discrimination in employment, housing, and access to education and health care. LGBTI groups reported frequent harassment of LGBTI persons and their families, including threats via text message and email, vandalism, stalking, and outright violence. Freedom of expression or peaceful assembly on LGBTI issues remained nonexistent. For example, on February 4, the national broadcasting regulator IBA ordered Multi-Choice Zambia to suspend transmission of a reality show entitled Lusaka Hustle. Earlier, Minister of National Guidance and Religious Affairs Godfridah Sumaili advised Multi-Choice Zambia to discontinue the show on the premise that “it promotes homosexuality,” as one of the show’s primary hosts in the minister’s view displayed characteristics typically associated with the LGBTI community. After a one-week hiatus, the IBA board determined that subsequent episodes did not violate any law and reinstated the show.

The government actively discouraged discrimination against persons with HIV/AIDS. Most employers adopted nondiscriminatory HIV/AIDS workplace policies. Training of the public sector, including the judiciary, on the rights of persons with HIV/AIDS increased public awareness and acceptance, but societal and employment discrimination against such individuals persisted. The government made some headway in changing entrenched attitudes of discrimination against persons with HIV/AIDS. In 2016 the country’s first openly HIV-positive person was elected to parliament.

The law provides for the right of most workers to form and join independent unions, conduct legal strikes, and bargain collectively. Statutory restrictions regulate these rights; the government has discretionary power to exclude certain categories of workers from unionizing, including prison staff, judges, court registrars, magistrates, and local court justices. The law also requires the registration of a trade union with the Ministry of Labor and Social Security, which may take up to six months. The ministry has the power to refuse official registration on arbitrary or ambiguous grounds.

No organization may be registered as a trade union unless its application to register is signed by not fewer than 50 supporters or such lesser number as may be prescribed by the minister of labor and social security, and, with some exceptions, no trade union may be registered if it claims to represent a class of employees already represented by an existing trade union. Unions may be deregistered under certain circumstances, but the law provides for notice, reconsideration, and right of appeal to an industrial relations court. During the year no trade union was deregistered or faced excessive restriction on registration.

The government, through the Ministry of Labor and Social Security, brokers labor disputes between employers and employees. The law provides the right of employees not to be prevented, dismissed, penalized, victimized, or discriminated against or deterred from exercising their rights conferred on them under the law, and it provides remedies for dismissals for union activities. Casualization and unjustifiable termination of employment contracts is illegal; the law defines a casual employee as an employee whose terms of employment contract provide for his or her payment at the end of each day and is engaged for a period of not more than six months. The law was not enforced effectively.

In cases involving the unjustified dismissal of employees, the ministry settles disputes through social dialogue, and any unresolved cases are sent to the Industrial Relations Court. Penalties are not sufficient to deter violations. The law also provides a platform for employers, workers, and government to dialogue on matters of mutual interest through the Tripartite Consultative Labor Council.

The law provides for collective bargaining. In certain cases, however, either party may refer a labor dispute to a court or for arbitration; the International Labor Organization (ILO) raised concerns the law did not require the consent of both parties involved in the dispute for arbitration. The law also allows for a maximum period of one year for a court to consider the complaint and issue its ruling. Collective agreements must be filed with the commissioner and approved by the minister before becoming binding on the signatory parties.

With the exception of workers engaged in a broadly defined range of essential services, the law provides for the right to strike if recourse to all legal options is first exhausted. The law defines essential services as any activity relating to the generation, supply, or distribution of electricity; the supply and distribution of water and sewage removal; fire departments; and the mining sector. Employees in the defense force and judiciary as well as police, prison, and ZSIS personnel are also considered essential. The process of exhausting the legal alternatives to a strike is lengthy. The law also requires a union to notify employers 10 days in advance of strike action and limits the maximum duration of a strike to 14 days. If the dispute remains unresolved, it is referred to the court. The government may stop a strike if the court finds it is not “in the public interest.” Workers who engage in illegal strikes may be dismissed by employers. An employee or trade union that takes part in a strike not authorized by a valid strike ballot is liable to a fine of up to 50,000 kwacha ($4,250) for a trade union or 20,000 kwacha ($1,700) for an employee.

The law prohibits antiunion discrimination and employer interference in union functions, and it provides for reinstatement and other remedies for workers fired for union activity. Except for workers in “essential services” and those in the above-mentioned categories, no other groups of workers are excluded from relevant legal protections. Administrative judicial procedures were subject to lengthy delays and appeals.

Government enforcement of laws providing for freedom of association and collective bargaining was not effective. Penalties for employers were not sufficient and could not be effectively enforced to deter violations. Other challenges that constrained effective enforcement included unaligned pieces of legislation, lack of financial capacity to implement programs, and lack of trained officers to enforce legislation.

Freedom of association and the right to collective bargaining were not always respected. Unions suffered from political interference and fracturing and were no longer seen as influential. Most unions chose to strike illegally, either to circumvent lengthy procedural requirements for approval or when other legal avenues were exhausted. Antiunion discrimination and retirements in national interest persisted during the year. For example, antiunion tendencies were prevalent among multinational companies and local employers, particularly in the agricultural, mining, and transport sectors. Disputes arising from such actions were often settled by workers’ representatives and employers, with the government acting as an arbiter. NGOs advocated for worker rights throughout the year without government restriction.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law authorizes the government to call upon citizens to perform labor in specific instances, such as during national emergencies or disasters. The government also may require citizens to perform labor associated with traditional, civil, or communal obligations.

A new employment code passed in April criminalizes all forms of forced or compulsory labor. Penalties for violations range from a fine to a term of imprisonment not exceeding two years or both. Although penalties are sufficient to deter violations, the government did not effectively enforce the law.

While the government investigated cases involving a small number of victims, it did not investigate more-organized trafficking operations potentially involving forced labor in the mining, construction, and agricultural sectors. There were no reported prosecutions during the year.

Gangs of illegal miners called “jerabos” at times forced children into illegal mining and loading stolen copper ore onto trucks in Copperbelt Province. Women and children from rural areas continued to be exploited in urban domestic servitude and subjected to forced labor in the agricultural, textile, mining, and construction sectors, and other small businesses. While orphans and street children were the most vulnerable, children sent to live in urban areas were also vulnerable to forced labor.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor, but gaps hamper adequate protection of children. The law prohibits the employment of children younger than age 15 at any commercial, agricultural, or domestic worksite or engaging a child in the worst forms of child labor. The new employment code consolidates all child-related labor laws into a single legislation to provide clear regulations on the employment and education of children. Restrictions on child labor prohibit work that harms a child’s health and development or that prevents a child’s attendance at school; government regulations list 31 types of hazardous work prohibited to children and young persons. The law also prohibits the procurement or offering of a child for illicit activities. Although penalties are sufficient to deter violations, the government did not effectively enforce the law.

According to the ILO, child labor was prevalent, and the government did not effectively enforce the law outside of the industrial sector. Resources, inspections, and remediation were inadequate. Secondary education is not compulsory, and children who are not enrolled are vulnerable to child labor.

While the labor commissioner effectively enforced minimum age requirements in the industrial sector, where there was little demand for child labor, the government seldom enforced minimum age standards in the informal sector, particularly in artisanal mining, agriculture, and domestic service. Although the government reported it had a National Child Labor Steering Committee, which oversaw child labor activities and was composed of government ministries, the Zambian Federation for Employers, the Zambia Congress for Trade Unions, civil society, and other stakeholders, the committee was not active during the year. The government collaborated with local and international organizations to implement programs combatting child labor. Because most child labor occurred in the agricultural sector, often on family farms or with the consent of families, inspectors from the Ministry of Labor and Social Security focused on counseling and educating families that employed children. In some cases such work also exposed children to hazardous conditions. Authorities did not refer any cases of child labor for prosecution during the year. Due to the scarcity of transportation, labor inspectors frequently found it difficult to conduct inspections in rural areas.

Child labor was a problem in agriculture, fisheries, domestic service, construction, farming, commercial sexual exploitation (see section 6, Children), quarrying, mining, and other sectors where children younger than age 15 often were employed. According to UNICEF, there was a high prevalence of child labor, mostly in domestic and agricultural sectors and mainly in rural areas. UNICEF noted discrepancies between the right to education and child labor laws in the country.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

The new employment code prohibits employment discrimination on several basis (for example, sex, disability) but does not specifically prohibit such discrimination based on sexual orientation or gender identity. Some NGOs warned the new law was likely to have a negative impact on women as potential employers would see hiring them as a financial risk, since the increased maternity leave allowance provides for up to 14 weeks with full pay. Various organizations had policies that protected individuals with HIV/AIDS. Although the new employment code provides for maternity leave, it requires a worker be continuously employed for two years before being eligible for such leave. The law prohibits termination or imposition of any other penalty or disadvantage to an employee due to pregnancy.

The government did not consistently enforce the law. There were reports of discrimination against minority groups. Undocumented migrant workers are not protected by the law and faced discrimination in wages and working conditions.

Discrimination in employment and occupation occurred with respect to disability, sexual orientation, and gender identity. LGBTI persons were at times dismissed from employment or not hired because of their sexual orientation or gender identity. Women’s wages lagged behind men’s, and training opportunities were less available for women. Women were much less likely to occupy managerial positions. Persons with disabilities faced significant societal discrimination in employment and education.

e. Acceptable Conditions of Work

The law allows the Ministry of Labor and Social Security authority to set wages by sector; the category of employment determines the minimum wage and conditions of employment. The minimum wage categories, last revised in 2018, at the low end were slightly above World Bank poverty estimates for a lower-middle income country but lower than the Basic Needs Basket. The new employment code also provides sufficient penalties to deter violations, and the government made strides to improve enforcement. Nevertheless, compliance with the law remained a problem, the ILO reported.

Wage laws were not always effectively enforced, but the law prescribes penalties for violations of labor laws that are sufficient to deter violations. Every employer negotiates with employees their standard minimum wage. For unionized workers, wage scales and maximum workweek hours were established through collective bargaining. Almost all unionized workers received salaries considerably higher than the nonunionized minimum wage.

According to the law, the normal workweek should not exceed 48 hours. The standard workweek is 40 hours for office workers and 45 hours for factory workers. There are limits on excessive compulsory overtime, depending on the category of work. The law provides for overtime pay. Employers must pay employees who work more than 48 hours in one week (45 hours in some categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers receive double the rate of their hourly pay for work done on a Sunday or public holiday. The law requires that workers earn two days of annual leave per month without limit.

The law regulates minimum occupational safety and health standards in industry. Both the Workers Compensation Fund Control Board (WCFCB) and the Ministry of Labor and Social Security stated that government occupational safety and health (OSH) standards were appropriate for the main industries. The law places on both workers and experts the duty to identify unsafe situations in a work environment. During the year the WCFCB conducted safety inspections in more than 102 employer sites and recorded 100 violations in OSH standards, mostly in the mining, construction, and agriculture sectors. These inspections generally showed a lack of compliance with procedures, nonprovision of personal protective equipment, and lack of pre- and postemployment medical examinations. According to the WCFCB, a risk assessment on dangerous work activities and pre-employment medical examinations of new employees–especially in Chinese-run mining operations–was nonexistent. The number of labor inspectors, moreover, was likely insufficient to enforce labor laws, including those covering children.

The work hour law and the safety and health standards were not effectively enforced in all sectors, including in the informal sector. Workers at some mines faced poor health and safety conditions and threats by managers if they tried to assert their rights. Miners developed serious lung disease, such as silicosis, due to poor ventilation and constant exposure to dust and chemicals.

The government engaged with mining companies and took some steps to improve working conditions in the mines. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Despite these legal protections, workers generally did not exercise the right to remove themselves from work situations that endangered their safety or health, and workers who protested working conditions often jeopardized their employment.

Violations of wage, overtime, or OSH standards were most common in the construction and mining sectors–particularly in Chinese-owned companies–and among domestic workers. Major industrial accidents during the year occurred in the mining, transport, agriculture, and commercial sectors. According to Zambia Central Statistical Office data published in June, approximately 31.6 percent of the labor force was employed in the formal sector, and approximately 68.4 percent was informally employed. The National Pension Scheme Authority implemented a program that extended social security to workers in the informal sector in five priority sectors: domestic workers, bus and taxi drivers, saw millers, marketers and traders, and small-scale farmers in the first phase of the project.

According to the WCFCB, the highest number of accidents occurred in the construction, agriculture, and mining sectors. The WCFCB reported that 36 of 392 accidents recorded during the year were fatal. Fatal industrial accidents included three workers who died on February 7 in an underground mine accident at Mopani Copper Mine (MCM) in Mufulira. The miners reportedly died of suffocation after inhaling smoke from a mine loader that caught fire after refueling. Preliminary investigations revealed the mine lacked safety features for miners operating underground. Two workers also died in another MCM accident on March 19, prompting the company to temporarily suspend production and investigate.